For decades now, Republicans have wanted to implement voter ID laws at almost every level of government. And now, they may soon get what they’ve long pushed for.
The SAVE America Act was passed by the U.S. House of Representatives last week. The measure requires proof of citizenship to register to vote across the country.
The bill, backed by President Donald Trump, is now in the Senate, where Republicans are promising to give it a vote.
Mini Racker has followed the bill's progress for The Nevada Independent. She told State of Nevada that Republicans in Congress are looking for a win before heading back home to campaign for reelection.
"There's a lot of support for voter ID across the country," she said. "So if Republicans get to say, 'Hey, we're the ones who support showing an ID when you go to vote,' that gives them a point in their column and an attack on Democrats if they don't [approve the legislation]."
Despite the bill's passage in the House, it appears unlikely to survive the Senate due to the 60-vote threshold set by the filibuster.
"We don't really have the appetite among Republicans here in Washington to nuke the filibuster to get this done, and Democrats are very strongly against it," Racher said.
The Trump Administration, however, has vowed to enact major election overhaul — even going so far as to call for nationalizing election administration. So, until a vote occurs, the legislation remains a potential vehicle for that reform — alarming Democrats who warn that the "proof of citizenship" requirement will disenfranchise millions of Americans by making it harder to vote.
"You would need to bring a passport or your birth certificate when you vote," said Democratic Assemblymember David Orentlicher of Las Vegas. Orentlicher teaches constitutional law as the Judge Jack and Lulu Lehman Professor of Law at UNLV William S. Boyd School of Law.
"I have a valid passport, but about half of Americans don't, and I'm not sure where my birth certificate is, and I think that's true for a lot of Americans."
There are also questions about whether Congress has the authority to dictate how elections should be run — a power traditionally reserved for the states. Orentlicher said it's likely courts would side with Congress.
"The states have the primary responsibility for administering federal elections, but the Constitution does allow Congress to regulate the times, places, and manner of holding elections for members of Congress. ... So they're within some realm of their authority."
Nevada does not currently have voter ID laws in place, but in 2024, more than 73% of voters approved a state constitutional amendment requiring ID to cast a ballot. The amendment will become law if voters approve the measure again in November.
Mini Racker, reporter, The Nevada Independent; Assm. David Orentlicher, director, UNLV's Health Law Program at the Boyd School of Law
