FACT FOCUS: Only some driver’s licenses usable for voter registration under the SAVE America Act

As the Senate debates the Safeguard American Voter Eligibility Act, or SAVE America Act, misleading claims about the bill’s impact on voter registration are spreading on social media, with elected officials on both sides of the aisle putting their own spin on it.

Sen. Tammy Duckworth, a Democrat from Illinois, wrote in an X post: “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.” Sen. Mike Lee, a Republican from Utah, replied in his own X post, which included Duckworth’s, “this is a lie” and cited a section of the legislation that requires states to establish their own processes for voter registration applicants who cannot provide the required proof of U.S. citizenship.

But the truth lies somewhere in the middle.

Here’s a closer look at the facts.

CLAIM: People would not be allowed to use their driver’s license when registering to vote under the SAVE America Act.

THE FACTS: This is missing context. Driver’s licenses that include verification of citizenship, such as an Enhanced Drivers License (EDL), could be used for voter registration in a limited number of states if the SAVE America Act passes. It has passed the House and is now in the Senate. However, those without such a license or who live in states or territories that don’t issue them would need to provide additional documentation.

“Most driver’s licenses, the purpose of it is to license you to drive,” said 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.”

The SAVE America Act requires that when registering to vote in federal elections people provide “documentary proof of United States citizenship.” This can include REAL ID-compliant identification that confirms citizenship, a valid U.S. passport, a military ID card, or another form of government-issued photo identification that states the applicant’s place of birth. Additional documentation to prove U.S. citizenship would be required in some cases.

People who are legal U.S. residents but not citizens also can obtain a REAL ID. According to the Department of Homeland Security, only five states — Michigan, Minnesota, New York, Vermont and Washington — issue enhanced driver’s licenses, which are REAL ID-compliant and prove citizenship as well as identity. Other states, such as Montana, South Dakota, Florida, and Iowa, have passed or are considering legislation that requires licenses to include citizenship markers.

“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.”

Republicans, including President Donald Trump, have argued that the SAVE America Act is needed to eliminate instances of noncitizen voting, which is already illegal in federal elections and can lead to felony charges and deportation. Cases where it occurs are rare. Opponents stress that the bill’s proof of citizenship requirements would create an undue burden for many voters due to obstacles such as the costs associated with obtaining a passport and processing times for government documents, including birth or marriage certificates. A recent survey found that more than 9 percent of voting-age Americans — 21.3 million people — cannot readily access documents proving they are citizens.

Neither Duckworth nor Lee responded to a request for comment.

The SAVE America Act was passed by the House in April 2025 and is currently being debated by the Senate. Efforts to end a Homeland Security shutdown that has caused severe travel disruptions stalled when Trump linked any deal to his push to pass the act.

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Find AP Fact Checks here: https://apnews.com/APFactCheck.