WASHINGTON – The U.S. House voted 220-208 last week to pass the Safeguard American Voter Eligibility – SAVE – Act, which would require people to present documented proof of citizenship when registering to vote.
The requirement – which would apply to new voters and those amending their registration – would significantly alter Colorado’s voter registration process, which currently uses automatic voter registration and has systems in place to ensure only citizens can vote.
It is already illegal for noncitizens to vote in federal elections, and anyone registering must sign up under penalty of perjury – facing fines, jail time or deportation – that they are a citizen.
Still, proponents of the bill argue it is needed to prevent noncitizen voting. U.S. Rep. Jeff Hurd, R-Colo., called it “common sense legislation.”
Rep. Chip Roy, R-Texas, first introduced the bill in May 2024 amid broad, unsupported Republican claims of election fraud and noncitizens – particularly undocumented immigrants – swaying elections.
Hurd wouldn’t say whether he believes the claims, but acknowledged “various concerns” and said the “fundamental issue” is that noncitizen voting is illegal.
“I think it’s incumbent on us as Congress to ensure that those who are voting in federal elections are eligible to do so,” he said.
Opponents point to the estimated 21 million voters – 9% of the U.S. population – who could be disenfranchised because they lack the necessary documentation. That could include married women who have changed their last names and don’t yet have updated documents.
The Colorado County Clerks Association recently sent a letter to the state’s federal delegation opposing the bill, saying it would “create voter confusion and an increase in voter disenfranchisement, in addition to adding significant and unnecessary procedural complexity and costs for our offices.”
La Plata County Clerk and Recorder Tiffany Lee echoed these concerns.
With Colorado’s automatic voter registration system, the Department of Motor Vehicles forwards only verified citizen information to elections offices, Lee said.
“This is not an issue that we have experienced in Colorado with noncitizens voting,” she said. “So I guess it feels to me that we already have good processes in place. This isn’t an issue.”
The bill would require individuals registering to vote to present proof of citizenship – like a passport, birth certificate or a naturalization form – in person at an election office. In states like Colorado that allow same-day registration, voters could bring proof on election day.
Lee said she worries about the burden it places on people who must drive to Durango to register to vote.
“People are arguing, ‘Oh, they come into town anyway.’ That’s not true,” she said. “A lot of people work and stay in those communities.”
Given that the county receives “very few” voter registration forms in person, Lee said the labor needed to implement the change is a “huge concern.” She is considering whether she would have to train staff at the Bayfield office – which is open only two days a week – to handle voter registration systems.
“I remember the days where we didn’t have online options, and people were having to come in much more frequently,” she said. “We still allowed mail applications to come in, but the volume was significant, and, at times, we would have stacks, I mean boxes of voter registration forms that we would be processing during big elections. And it takes manpower.”
During those times, the department pulled staff members from the DMV and had election judges working weekends, she said.
The bill also does not provide federal funding for additional costs – like extra staff members or longer hours – which Lee said adds to the uncertainty.
Hurd said he would want to hear from county commissioners about the funding issue, but for now he’ll have “to wait and see.”
Lee is also alarmed about the gray area around registering voters who do not have citizenship documents at the ready.
People without proof of citizenship could submit other unspecified documents. If an election official can verify the individual’s citizenship, the official must sign an affidavit swearing that the person sufficiently proved citizenship.
The catch: Those officials could be held liable if noncitizens make it onto the voter roll.
Lee said she worries about the pressure this puts on volunteers and staff members.
“I’m going to accept this documentation if I feel like it meets what I need and be prepared if I get sued or whatever,” she said. “My concern is my staff, my election judges. That’s not fair to them to have that same responsibility on their shoulders.”
Hurd said he believes the bill provides sufficient “flexibility for states to work with individuals to ensure that they are eligible to vote.”
The bill would also give states easier access to federal data – including the Department of Homeland Security’s database for Systematic Alien Verification for Entitlements (SAVE) – and requires states to develop programs to continually check for noncitizens on the voter roll.
It’s unclear how this would change things in Colorado, which already uses the SAVE system to check and update voter rolls, such as when someone with a noncitizen driver’s license obtains citizenship, according to Colorado Public Radio.
If the bill passes the Senate – where it would need support from at least seven Democrats – and get signed into law by the president, Lee said voter education will be a priority.
“If this does get changed, we’re going to be front and center to help educate voters on what our requirements are going to be, what the changes are going to be, how it’s going to impact them,” she said. “And that will be our entire priority … because it will be a huge change, something I’ve never experienced in my entire career.”
Kathryn Squyres is an intern for The Durango Herald and The Journal in Cortez and a student at American University in Washington, D.C. She can be reached at ksquyres@durangoherald.com.
