Republican-led states are passing laws with similar provisions as the SAVE America Act. (Photo/Pexels.com)

This article was originally published by Votebeat, a nonprofit news organization covering local election administration and voting access.

By Jessica Huseman
Votebeat

Votebeat is a nonprofit news organization reporting on voting access and election administration across the U.S.

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A signature piece of voting legislation championed by President Donald Trump may not have much of a future in the U.S. Senate, but in Florida, the future is here.

Earlier this month, Republican lawmakers in Trump’s home state approved a sweeping overhaul of the state’s voter registration system, one that mirrors the core idea behind the federal SAVE America Act: requiring proof of citizenship to get on the rolls. The details differ — the Florida bill, for instance, would not take effect until after the midterms — but the architecture is the same. Republican Gov. Ron DeSantis is expected to sign the bill into law any day now.

In states like Florida, policies like this one that are on the GOP’s wish list can move quickly. Republicans face little meaningful Democratic opposition, and the bill advanced with relatively little resistance — a stark contrast to Washington, where things are far messier.

The U.S. Senate began debate March 17 on the SAVE America Act, the next step in a high-profile fight not just between Republicans and Democrats, but within the GOP itself. Some Republicans want to change Senate filibuster rules to force the bill through. Others, including party leaders, are loath to blow up the way the Senate does business — and say the votes simply aren’t there to do so anyway.

That divide is showing up in quieter ways, too. Some Republican lawmakers have raised concerns about how the proposal could affect absentee and mail voting — exposing a disconnect between the party’s national push and how voting actually works in many GOP-led states.

As of yet, the debate hasn’t gotten very far — it took until Saturday, the fifth day of debate, for the first vote to be held on any motions or amendments to the bill. That amendment, to bar transgender athletes from playing women’s sports, failed to receive the necessary 60 votes. The bill itself remains under consideration, but its ultimate fate appears sealed.

Meanwhile, in Florida, lawmakers aren’t waiting on Washington. They’re largely in lockstep, drawing on lessons from other states’ past attempts to require proof of citizenship and focusing on how to build a version of the policy that can withstand legal challenges.

Arizona didn’t have that roadmap. When voters there approved a ballot measure in 2004 that required registering voters to prove their citizenship, the state moved to reject people who used the federal voter registration form without providing their documents, triggering a legal challenge. In 2013, the U.S. Supreme Court ruled Arizona had to accept the federal form, which requires only an oath of citizenship — at least for federal elections.

But Arizona kept its proof-of-citizenship requirement for state elections, resulting in a split system. Voters who have provided citizenship documentation can cast ballots in all races; others can vote only in federal contests, a system that has proven messy for both administrators and voters.

Florida is trying to avoid that outcome. Instead of rejecting applicants outright, Florida’s proposal would build a verification layer behind the scenes, cross-checking new registrants against driver’s license records and other databases to confirm citizenship.

Voters who can’t be verified aren’t necessarily denied registration, but they can be flagged and required to take extra steps — casting a provisional ballot or providing documents later. On paper, the state is still accepting the federal form. In practice, eligibility may hinge on whether the state can independently confirm your citizenship. If the law is challenged — and it likely will be — courts will have to decide whether that distinction holds.

A ruling against Florida could push the state toward the same outcome as Arizona, where some voters are effectively eligible only for federal races. But if the approach is upheld, it could offer a blueprint for other states to require proof of citizenship without directly violating federal law.

Lawmakers in several other Republican-led states are moving quickly on similar proposals. South Dakota and Utah have advanced their own proof-of-citizenship policies, while similar measures are moving through the legislative process in Mississippi and Iowa.

As the federal SAVE America Act would, these state-level proof-of-citizenship requirements would create significant hurdles for people looking to register to vote; millions of American citizens lack ready access to proof of citizenship. But it’s not at all clear Republicans would benefit from this policy push. Some categories of voters who might have the hardest time producing documentation that proves their citizenship overlap heavily with the GOP base.

Even conservative analysts and Republican officials have acknowledged the risk: stricter documentation rules could hit rural and older voters especially hard, forcing them to navigate new bureaucratic hurdles or risk having their ballots rejected.

But Trump, for his part, has shown little interest in the specifics.

He has said he won’t sign any more major legislation unless it includes the SAVE America Act — a position that doesn’t reflect the basic math of the Senate, where the votes to pass it simply are not there. He also said he won’t endorse lawmakers who vote against the bill.

Whether that’s a negotiating tactic or a genuine red line is still unclear, but it’s already threatening to snarl legislation far beyond election policy. A bipartisan housing bill aimed at addressing affordability is now at risk, despite drawing broad support, as lawmakers weigh whether anything can move without triggering a veto threat.

And on social media, Trump has continued to frame the issue in stark — and often misleading — terms, insisting that widespread noncitizen voting is a major threat to U.S. elections.

“America’s Elections are Rigged, Stolen, and a Laughingstock all over the World,” he wrote on Truth Social in early March, encouraging Republicans to “fight” for the SAVE America Act. “We are either going to fix them, or we won’t have a Country any longer.”

It’s a narrative lawmakers in states like Florida are already writing into law — whether Congress ever acts on it or not.

(Indiana Citizen editor’s note: Indiana has passed proof-of-citizenship laws that require voter registrations be crosschecked with BMV records to identify anyone with temporary credentials. Voting-rights advocates sued the Hoosier state in October, claiming the laws unfairly burden and could potentially disenfranchise naturalized citizens.)

Jessica Huseman is Votebeat’s editorial director and is based in Dallas. Contact Jessica at jhuseman@votebeat.org.

Votebeat is a nonprofit news organization covering local election integrity and voting access. Sign up for their newsletters here.




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