U.S. Sen Maria Cantwell, a Washington state Democrat, will register a protest of President Donald Trump’s attempt to exert more control over election infrastructure by bringing her state’s secretary of state, Steve Hobbs, as her guest to the State of Union Tuesday evening.

Trump has pressured senators to approve a House-passed bill that would require the public to produce a passport or birth certificate to register to vote, involve the federal Department of Homeland Security in elections and disallow universal vote-by-mail that is popular in Washington, Oregon and other states.

Members of Congress often bring guests to the State of the Union to spotlight particular issues and Democrats this year are raising a host of objections to the president’s tariffs program and his immigration crackdown — including a weekslong operation in Minneapolis that resulted in two U.S. citizens’ deaths at the hands of immigration agents — and other issues.

Cantwell told States Newsroom in a phone interview hours before Trump’s address was set to begin that changing election infrastructure could have more long term effects on U.S. democracy than other Trump policies.

“I’m not saying that the tariff issue didn’t have an impact,” Cantwell said. “I’m not saying it’s not horrific that you killed two American citizens who were just trying to express their rights to free speech. But you could upend a lot by changing our election system overnight. I don’t know how you recover from that immediately.”

The Republican bill would amount to nationalizing elections, a contradiction of the Constitution’s provision that states administer elections, Cantwell and Hobbs said.

The framers of the Constitution gave that power to states to protect against the executive branch overreaching, Hobbs said.

The bill would violate that idea, Cantwell said.

“We would be basically saying, ‘It’s okay for a federal leader … and their agency, Homeland Security, to mess around and determine who’s eligible to vote,” Cantwell said. “The reason the separation of powers exist is … so that you didn’t have that federal control, so that people did have faith that they weren’t being manipulated by the federal power.”

The GOP’s championing of the bill follows President Donald Trump’s comments advocating to nationalize elections, a mid-decade campaign to redraw state congressional districts in Republicans’ favor and more than two dozen Department of Justice lawsuits demanding Democratic-led states turn over unredacted voter rolls to the Department of Homeland Security.

Senate rules at risk?

Cantwell’s worries about the bill, known as the SAVE Act, have grown after seeing Trump’s pressure campaign on Republicans, as well as a recent sign of support for the bill from moderate Republican Susan Collins of Maine and comments from the bill’s Senate sponsor, Mike Lee of Utah, about adjusting the chamber’s rules to ensure the bill’s passage.

And Cantwell said she expects Trump to mention the issue during Tuesday’s address.

Under Senate rules and tradition, 60 of the 100 senators must approve a procedural vote to move to final passage of nearly all legislation. With Republicans holding 53 seats, that means bills must have bipartisan support to pass the chamber. 

Lee has said he wanted to tweak Senate rules so that opponents of a bill would have to continuously speak on the floor to block consideration of a bill that would otherwise have the support to pass.

Cantwell said she and Hobbs would seek out opportunities Tuesday evening to bring Republicans to their side of the issue.

“He and I got a busy night tonight,” she said. “We gotta go buttonhole a bunch of Republican senators.”

Noncitizens and voting

Republican supporters of the bill say it will enhance election security and ensure that noncitizens do not vote in U.S. elections.

But noncitizens are already barred from federal elections and instances of voter fraud are exceedingly rare, even in studies by conservative groups.

And the bill presents several provisions that could reduce voter participation, Cantwell and Hobbs said. 

Many Americans do not have a passport or easy access to their birth certificate. Nearly 70 million married women have changed their names, creating an additional barrier to voter registration.

“I don’t think they’re thinking about these things,” Hobbs said.

The bill would also imperil Washington’s universal vote-by-mail system in which every voter is sent a ballot that can be returned through the mail. 

Vote by mail “has nothing to do with partisanship,” Hobbs said. “It’s about convenience of the voter to be able to take the time to choose the people they want to choose. It’s about security, it’s about transparency, it’s not partisanship.”

The system, which for years was popular among Republicans and Democrats for its convenience, became a partisan issue when Trump partially blamed his 2020 election loss on the mail-in voting increase put in place during that COVID-era election.

“We’re here to evangelize that this system has enfranchised people to vote more and have a higher turnout, which is what our goal should be,” Cantwell said Tuesday. “That’s why the League of Women Voters are on our side in this debate and against the SAVE Act, because the whole goal is to have a more participatory government and vote by mail is delivering that.”