The current federal SAVE Act is an amendment to the National Voter Registration Act of 1993 and would require first time voters to prove their citizenship when registering to vote. While citizenship has always been required for one to vote in federal elections, this bill would now require states to verify citizen status with a valid passport, REAL ID, military ID or birth certificate.
Currently, voter registration doesn’t require this documentary proof, instead a signed testament of citizenship, under penalty of perjury for false claims, is accepted. The SAVE Act (Safeguard American Voter Eligibility) would create new election official guidelines for screening voter databases while providing free access to a federal database to confirm a voter’s citizenship status.
The states are predominately responsible for voter registration processes and county election officials assist in registering people to vote as well as cleaning and screening voter rolls. Enacting changes included in the SAVE Act could require extra training for county election officials and poll workers in states with same-day registration, such as New Hampshire.
Naturally, the SAVE Act does not authorize extra federal funding for states and local governments to apply these new guidelines. Congress passed this bill in the summer and it now awaits action by the Senate.
Here in NH we’ve had many in our legislature working towards the same goal of voter suppression. HB 1569 was signed into law by Gov. Sununu on Sept. 12th, but will luckily, not go into effect until after the Nov. election. Nevertheless, the New Hampshire Youth Movement (NHYM) have now sued Secretary of State David Scanlan (R) over House Bill 1569. Like the above-mentioned SAVE Act, the NH bill requires documentation of citizenship, which could be a birth certificate, naturalization papers or a passport. Under this new law, signing an affidavit at a polling place will not be allowed anymore, making NH one of the most restrictive voting states in the country. This change has the potential to disenfranchise large amounts of voters in future elections who think they could register in person on Election Day but don’t have this proof of citizenship with them. High school seniors and young college students immediately come to mind.
According to the lawsuit the proof-of-citizenship requirement will cause unnecessary burdens on the homeless, young, elderly and low-income voters. The NHYM argues the new law violates the First and 14th Amendments of the United States Constitution. They are asking a court to strike down the requirement and bar Scanlan and other election officials from enforcing it.
This is a case that bears watching.
1st Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
14th Amendment, section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.