Key Points
- The SAVE America Act would generally require individuals to register to vote in person and provide documentary proof of U.S. citizenship.
- Counties could be required to modify election databases, establish new registration procedures, train personnel and educate voters without sufficient federal funding.
- Presenters estimated that implementation could cost an additional $510 million nationwide per election cycle, compared with approximately $45 million currently available through Help America Vote Act grants.
- Election officials could face criminal penalties for improperly processing registration documents, raising concerns that potential liability could discourage volunteers from serving as election workers.
- The executive order on mail-in voting could establish new citizenship-verification, ballot-envelope, postage and postmark requirements, but counties were advised not to change existing procedures while litigation and federal rulemaking remain unresolved.
Full Article
ISACo staff participated in a recent National Association of Counties (NACo) briefing examining federal election proposals that could significantly change voter registration and mail-in voting procedures while imposing new administrative and financial responsibilities on counties.
The discussion focused primarily on the Safeguard American Voter Eligibility (SAVE America) Act and a presidential executive order addressing mail-in ballots. Presenters emphasized that both proposals remain subject to legislative action and ongoing litigation, making their ultimate impact uncertain.
Although the SAVE America Act is frequently described as voter identification legislation, the briefing highlighted provisions that would more broadly restructure how individuals register to vote. Under the proposal discussed, voters would generally be required to register in person and provide documentary proof of U.S. citizenship. Mail-in and online voter registration options would be restricted.
Acceptable citizenship documents could include a passport, birth certificate or, in limited circumstances, a REAL ID that confirms citizenship. Presenters noted that name changes, including those resulting from marriage, could create complications when a voter’s current name does not match the name appearing on a birth certificate.
County officials are particularly concerned about the cost and time required to implement the proposed changes. Counties that rely heavily on online or mail-in registration could be required to establish new in-person procedures, modify election databases, hire or reassign personnel, train election workers and educate voters.
According to information presented during the briefing, implementation could require an estimated $510 million in additional funding per election cycle nationwide. By comparison, approximately $45 million per election cycle is currently available through federal Help America Vote Act grants. The presenters cautioned that the legislation, as proposed, does not provide sufficient ongoing federal support to cover the anticipated costs.
Another concern involves provisions that could expose election officials to criminal penalties for improperly processing voter-registration documentation. Presenters warned that the possibility of prosecution—even when an error is inadvertent—could discourage individuals from serving as election judges or election workers. This concern is heightened because many election workers are volunteers and a substantial percentage are older adults.
The proposal also does not include a significant transition period. Election administrators estimated that implementing the necessary databases, procedures, training and public education could take between 18 and 24 months. Immediate implementation could therefore leave counties with insufficient time to comply, particularly if federal requirements change shortly before an election.
The U.S. House has pursued two potential pathways for advancing the SAVE America Act. The House attached the full proposal to the annual National Defense Authorization Act, while portions of the election legislation were also incorporated into a budget reconciliation package with $10 billion tied to an incentive-based state participation program. Both approaches awaited further consideration in the Senate at the time of the briefing.
The discussion also addressed a presidential executive order issued in March concerning mail-in voting. The order directs the U.S. Department of Homeland Security and Social Security Administration to compile citizenship information that states would use to verify voter eligibility. That information would also be connected to U.S. Postal Service procedures for handling mail ballots.
In addition, the executive order could establish new federal standards for ballot envelopes, postage and postmarks. Presenters cautioned that some jurisdictions have already ordered election materials for upcoming elections and could face additional expenses if federal requirements force those materials to be redesigned or replaced.
The executive order remains the subject of multiple lawsuits and court rulings. A presenter advised counties not to alter their election procedures while litigation continues and federal requirements remain unsettled.
The briefing underscored broader questions about federalism and the traditional roles of federal, state and local governments in administering elections. Election systems vary considerably among states, and counties frequently carry out the operational work required to register voters, prepare ballots, train workers and conduct elections.
NACo is communicating with congressional committees about the legislation and seeking ways to reduce its administrative and financial effects. Their immediate advocacy is focused on educating senators and representatives about county responsibilities, implementation timelines and the need for adequate federal funding.
ISACo will continue monitoring federal election proposals and communicating developments that could affect Illinois counties and their election officials.