S. 128 — SAVE Act

This section amends the National Voter Registration Act of 1993 (NVRA; 52 U.S.C. 20501 et seq.)—which standardized voter registration procedures, including "motor voter" registration at state motor vehicle agencies and by national mail form—to require applicants to present documentary proof of U.S. citizenship to register to vote in federal elections. Specifically, it (1) defines "documentary proof of United States citizenship" in new NVRA §3(b) to include REAL ID indicating citizenship, U.S. passport, military ID with U.S. birth record, government photo ID showing U.S. birthplace, or other government photo ID presented with certified birth certificate or equivalent documents (e.g., hospital birth record, adoption decree, naturalization certificate); (2) amends NVRA §4 to prohibit states from accepting any federal voter registration application without such proof; (3) amends NVRA §5 to condition motor vehicle driver's license applications on NVRA §8(j) requirements, mandate citizenship verification, require documentary proof, and limit applicant data disclosure except for criminal or immigration proceedings involving false claims; and (4) amends NVRA §6 to condition national mail voter registration forms on NVRA §8(j), designate the Election Assistance Commission for form development, require state officials to publicize the proof requirement, and make related conforming changes.

This section directs the Election Assistance Commission to adopt and transmit to the chief election official of each state, not later than 10 days after enactment, guidance on implementing the requirements of the National Voter Registration Act of 1993 (i.e., the "motor voter" law standardizing voter registration procedures), as amended by section 2.

This section exempts the development or modification of voter registration materials under the National Voter Registration Act of 1993 (NVRA)—as amended by section 2, including voter registration application forms—from the Paperwork Reduction Act. (Thus, such activities are not subject to Office of Management and Budget review and approval for information collection burdens.)

This section directs the Secretary of Homeland Security, upon receiving information that an individual has become a naturalized U.S. citizen, to promptly notify the chief election official of the state in which the individual is domiciled.

This section provides a rule of construction stating that nothing in this Act or its amendments supersedes, restricts, or affects the ability of an individual to cast a provisional ballot in a federal election or have that ballot counted if the individual is verified as a U.S. citizen under section 8(j) of the National Voter Registration Act of 1993 (NVRA), as added by section 2(f) of this Act. (Provisional ballots allow potentially ineligible voters to cast ballots that are counted upon later eligibility verification.)

This section provides that nothing in this Act or its amendments affects any state exemption from requirements of federal laws other than the National Voter Registration Act of 1993 (NVRA).

This section sets the effective date of the Act and its amendments as the date of enactment, with applicability to voter registration applications submitted on or after that date.