Senate Debates Voter ID Bill Amid Confusion Over Driver’s License Rules

The SAVE America Act currently being debated in the Senate would require proof of citizenship to register for federal elections. While some enhanced driver's licenses would be accepted, most standard licenses would not meet the new requirements, creating confusion among lawmakers and the public.

Senators are currently weighing the Safeguard American Voter Eligibility Act, commonly known as the SAVE America Act, but conflicting statements from lawmakers have created confusion about how the legislation would affect voter registration processes.

Illinois Democratic Senator Tammy Duckworth posted on social media platform X that “Under the SAVE Act, you cannot use your driver’s license to register to vote. Republicans want you to buy a passport instead. If you can afford one. This is a modern-day poll tax.” Utah Republican Senator Mike Lee responded by calling her statement “a lie” and pointed to provisions in the bill allowing states to create alternative processes for applicants unable to provide citizenship documentation.

The reality falls between these competing claims, according to election law experts.

The proposed legislation would mandate that federal election registration require “documentary proof of United States citizenship.” While most standard driver’s licenses would not qualify, Enhanced Driver’s Licenses (EDLs) that verify citizenship status could be accepted in the limited states that issue them.

“Most driver’s licenses, the purpose of it is to license you to drive,” explained Pamela Smith, president and CEO of Verified Voting, a nonpartisan organization. “It’s not designed to prove your citizenship. And so the requirement to prove your citizenship is sort of separate and beyond.”

Currently, only Michigan, Minnesota, New York, Vermont and Washington issue enhanced driver’s licenses that are REAL ID-compliant and verify both identity and citizenship, according to the Department of Homeland Security. Some states including Montana, South Dakota, Florida, and Iowa have enacted or are considering laws requiring citizenship markers on licenses.

The bill would accept various forms of documentation including REAL ID-compliant identification confirming citizenship, valid U.S. passports, military identification cards, or other government-issued photo IDs showing place of birth. Additional citizenship documentation might be needed in certain situations.

“For the vast majority of Americans, a REAL ID would not be sufficient to register to vote under the SAVE Act,” said Eliza Sweren-Becker, deputy director of the voting rights and elections program at the Brennan Center for Justice. “That’s because most REAL IDs do not have any affirmative indication of U.S. citizenship, which is a part of what the bill would require if a REAL ID were to be used for registration.”

Republican supporters, including President Donald Trump, contend the legislation is necessary to prevent noncitizen voting, which already carries federal criminal penalties and can result in deportation. Such cases occur infrequently. Critics argue the citizenship documentation requirements would create significant barriers for many eligible voters due to costs and delays in obtaining passports and other government documents like birth or marriage certificates. Recent research indicates over 9 percent of voting-age Americans—approximately 21.3 million people—lack easy access to citizenship documentation.

Neither Senator Duckworth nor Senator Lee provided responses to requests for comment.

The House approved the SAVE America Act in April 2025, and Senate consideration is ongoing. Negotiations to resolve a Homeland Security shutdown causing major travel disruptions have stalled as Trump has tied any agreement to passage of this voter registration legislation.