SAVE America Act to Restrict Acceptance of Certain Driver’s Licenses

The ongoing debate over the Safeguard American Voter Eligibility Act has sparked widespread confusion and political posturing, with lawmakers on both sides making conflicting claims about its potential impact on voter registration.

The SAVE America Act, which passed the House in April and is currently being debated in the Senate, would require Americans to provide documentary proof of citizenship when registering to vote in federal elections. This requirement has become a flashpoint for partisan disagreement.

Senator Tammy Duckworth, Democrat from Illinois, recently claimed on social media that “Under the SAVE Act, you cannot use your driver’s license to register to vote. Republicans want you to buy a passport instead. If you can afford one. This is a modern-day poll tax.” Republican Senator Mike Lee of Utah quickly responded, calling Duckworth’s statement “a lie” and pointing to provisions in the bill that require states to establish processes for applicants who cannot provide the required citizenship documentation.

The reality is more nuanced than either lawmaker suggests. While standard driver’s licenses would not satisfy the SAVE Act’s requirements in most cases, certain enhanced licenses could be used—but only in a limited number of states.

“Most driver’s licenses, the purpose of it is to license you to drive,” explained Pamela Smith, president and CEO of Verified Voting, a nonpartisan organization. “It’s not designed to prove your citizenship. And so the requirement to prove your citizenship is sort of separate and beyond.”

Under the proposed legislation, acceptable forms of identification would include REAL ID-compliant identification that confirms citizenship, valid U.S. passports, military ID cards, or other government-issued photo identification that states the applicant’s place of birth. In some cases, additional documentation would be required.

A critical distinction is that while many Americans have REAL ID-compliant driver’s licenses, these documents don’t typically verify citizenship. Legal U.S. residents who aren’t citizens can also obtain REAL IDs. Only five states—Michigan, Minnesota, New York, Vermont, and Washington—currently issue enhanced driver’s licenses that prove both identity and citizenship.

“For the vast majority of Americans, a REAL ID would not be sufficient to register to vote under the SAVE Act,” said Eliza Sweren-Becker, deputy director of the voting rights and elections program at the Brennan Center for Justice. “That’s because most REAL IDs do not have any affirmative indication of U.S. citizenship, which is a part of what the bill would require if a REAL ID were to be used for registration.”

Several states, including Montana, South Dakota, Florida, and Iowa, have passed or are considering legislation to include citizenship indicators on driver’s licenses, potentially positioning their residents to meet the SAVE Act requirements more easily if the bill becomes law.

Proponents of the legislation, including former President Donald Trump, argue that the measure is necessary to prevent noncitizens from voting in federal elections—an act that is already illegal and can result in felony charges and deportation. Evidence suggests such instances are extremely rare.

Critics counter that the proof-of-citizenship requirements would place an unfair burden on eligible voters. A recent survey found that more than 9 percent of voting-age Americans—approximately 21.3 million people—cannot readily access documents proving their citizenship. Obtaining such documentation often involves costs and processing delays, which opponents argue effectively functions as a barrier to voting.

The SAVE America Act has gained additional political significance as Trump has linked its passage to resolving the ongoing Homeland Security shutdown, which has caused significant travel disruptions across the country.

Neither Senator Duckworth nor Senator Lee responded to requests for comment on their social media statements.

As the Senate continues to debate the legislation, the question of what constitutes appropriate voter identification remains contentious, with significant implications for voter access and election security nationwide.