Lee Drutman
Senior Fellow, Political Reform Program
The , which passed the House in February on a party-line vote, would require every American to produce a passport or birth certificate to register to vote. don鈥檛 have those documents. The bill provides . It who make honest mistakes, requires states to submit their voter rolls鈥攐r voter registration lists鈥攖o the Department of Homeland Security. And it was passed by the same party that has spent half a century opposing federal control of elections.
The SAVE Act鈥檚 underlying premise, that American elections need more federal consistency, is not entirely wrong. But the legislation doesn鈥檛 address the most pressing weaknesses in our current system, and in some cases, it produces new ones.
The United States runs roughly 10,500 separate election systems, with different rules for registration, identification, and ballot counting. That patchwork is a real problem, making the ease of voting and even how much your vote counts vary wildly across the country.
The federal government is already playing a larger role in elections (whether Congress admits it or not): The Justice Department has , , and the . But the question is whether that role will be structured and nonpartisan, or improvised and weaponized.
On a recent podcast, President Trump suggested that Republicans should 鈥鈥 in at least 15 states. At the State of the Union, to approve the Save America Act to 鈥渟top illegal aliens and others who are unpermitted persons from voting.鈥 He has even entirely, which the White House dismissed as a joke. Two days after the House passed the SAVE America Act, he that there would be voter ID for the midterms 鈥渨hether approved by Congress or not,鈥 threatening an executive order if the Senate failed to act.
The idea that non-citizens are voting is the bugbear that refuses to disappear. its entire voter roll of more than 2 million registered voters. It found one noncitizen registration. Zero noncitizen votes.听
When states have run their rolls through the federal SAVE database, just are returned as noncitizens. Even that overstates the problem because the tool itself is a mess.
The test is no longer whether you are a citizen. It is whether you have the right papers.
A found that DHS rushed the SAVE database into use, and then had to correct information sent to at least five states. A quarter of those flagged as potential noncitizens in , had already provided proof of citizenship. In Boone County, Missouri, officials barred flagged voters from casting ballots before verifying the data, which showed that more than half of those flagged turned out to be citizens. Voters flagged in error were also . When between 2013 and 2016, it blocked 31,000 eligible citizens from registering鈥攔oughly 12 percent of new applicants, while noncitizen registration ran at .听
The test is no longer whether you are a citizen. It is whether you have the right papers, according to the administration鈥檚 moving target.
When two-party competition becomes an existential zero-sum contest over the rules of the game itself, the incentive shifts from persuading voters to controlling the machinery of voting.听
The SAVE Act is the clearest expression of that incentive. But opposing it is not enough. We need to build a federal election system that actually works.
What would that look like? Here鈥檚 my idea: an independent federal elections agency, structured like the Federal Reserve鈥攏onpartisan commissioners, staggered terms, independent funding, and insulated from the White House and Congress. Not another toothless advisory board. An agency with actual authority to set and enforce baseline national standards for voter registration, election security, and voting access. Setting floors rather than ceilings. Supporting local administrators rather than replacing them.
Unlike the SAVE Act, which routes election control through a politicized Department of Homeland Security with zero independence safeguards, this agency would be built to resist partisan capture. Commissioners would be barred from party affiliation and subject to removal for violating their mandate. The whole point is to take election administration out of the partisan war.
The need is urgent. Turnover among local election officials hit , the highest rate in at least 25 years, and have lost their chief election official since 2020. Veteran county clerks are quitting under threats to themselves and their family. Meanwhile, from $825 million in 2020 (including pandemic relief) to $15 million in 2025. The Trump administration froze election security support and local officials used to share threat intelligence. The SAVE Act would pile criminal penalties onto an already hollowed-out workforce.听
An independent agency would do the opposite: fund, protect, and professionalize the people who make elections work.
This agency could also do what the SAVE Act claims to do, . Rather than forcing every citizen to produce a passport at the registration counter, a federal agency would verify citizenship through government databases that already exist, putting the burden on the government rather than the voter. Back-end verification instead of front-end documentation. More accurate, less burdensome. And it would not require 21 million Americans to locate a birth certificate they may not have.
In February, the SAVE Act secured in the Senate, but not the 60 votes to break a filibuster. Republican leadership is rules to wear down Democratic opposition. The bill will likely fail鈥攂ut those trumpeting the fraud narrative can easily spin a conspicuous legislative defeat into a talking point: 鈥淲e tried to secure the elections and they wouldn鈥檛 let us.鈥澛
The midterms are eight months away. The patchwork is fraying. The partisan pressure to control the rules will only intensify. The question is no longer whether the federal government will play a larger role in elections. It is whether that role will be designed to strengthen democracy or to undermine it.