WASHINGTON — The U.S. House passed legislation Wednesday that would require the public to produce a passport or birth certificate in most cases to register to vote, less than a year out from November midterm elections.

The 218-213 vote split mostly along party lines, with one Democrat, Rep. Henry Cuellar of Texas, breaking with his party to support the measure. One Republican, North Carolina’s Greg Murphy, did not vote.

Republicans argued the bill, dubbed by House Republicans as the “Safeguard American Voter Eligibility Act,” or the SAVE America Act, will prevent noncitizens from voting in federal elections, which is already illegal and rare.

The Senate is considering its own version of the bill.

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.

The bill also includes a provision requiring each state to send an “official list of eligible voters for federal office” to Homeland Security to be run through the department’s database to identify any noncitizens.

‘Show your papers’

The legislation has attracted sharp criticism from Democrats and voting rights advocates as a “show your papers” law that will disenfranchise the roughly 146 million Americans who do not have a passport. 

They say it would also affect those without ready access to a birth certificate and married women whose last names do not match the name appearing on birth records.

If passed by both chambers and signed into law by Trump, the measure would take effect immediately.

“Republicans know that they cannot win on the merits, so rather than change their policies, they’re seeking to change the rules. John Lewis was not bludgeoned on a bridge in my hometown for the Republicans and Donald Trump to take these rules away from us,” said Rep. Terri Sewell, D-Ala., invoking the late Democratic Rep. John Lewis, who was beaten in 1965 in Selma, Alabama, during a march for voting rights. 

“This is a blatant power grab, as Democrats will not stand for it,” Sewell, whose district includes Selma, said on the floor ahead of the vote.

Sean Morales-Doyle, director of voting rights and elections at the Brennan Center for Justice, said the timing of the measure, if enacted, would cause “maximum chaos.”

“A change of this magnitude to our election system right before an election would be not only terrible in substance in that it would block Americans from voting, but would also be chaos-causing,” Morales-Doyle said. 

“It would change the rules that govern our elections and government registration right when that is happening at the highest rate. … There’s always a huge increase in registration in the run-up to an election.”

‘Daggum ID’

But Republicans argue the legislation provides “safeguards” to ensure only U.S. citizens vote, as Rep. Tim Burchett, R-Tenn., said on the floor ahead of the vote.

“House Republicans and President Trump want to protect the ballot box and ensure integrity in our elections across this great country,” Burchett said.

“When you purchase a firearm, when you board a plane, when you open a bank account — if I put $100 in the bank and right then ask for $20 of it back, guess what: I gotta show a daggum ID,” Burchett continued.

Rep. Bryan Steil, R-Wis., said Democrats’ arguments against the bill amounted to “hyperbole.”

“We should be checking and cleaning up the voter rolls and removing individuals who are not eligible to vote, because every citizen deserves the right to vote,” he said.

Claims of noncitizen voting in federal elections represent “tiny fractions of voters,” according to a July 2025 analysis from The Center for Election Innovation and Research. The report was updated this month.

Murkowski not on board

The Senate version, sponsored by Sen. Mike Lee, R-Utah, may face stronger headwinds.

Sen. Lisa Murkowski, R-Alaska, issued a statement on social media Tuesday saying she won’t support the legislation.

“Not only does the U.S. Constitution clearly provide states the authority to regulate the ‘times, places, and manner’ of holding federal elections, but one-size-fits-all mandates from Washington, D.C., seldom work in places like Alaska,” Murkowski wrote, adding that changing procedures so close to the midterms would “negatively impact election integrity.”

President Trump's statements that Republicans should take over and run elections in many states, the domestic deployment of armed agents who are shooting people in nearby cities, along with Wisconsin's long struggle over fair voting rules, makes for a tense election season. But voters still have the power to defend their rights. | Photo of an anti-gerrymandering sign in the Wisconsin State Capitol by the Wisconsin Examiner

Wisconsin was almost certainly on President Donald Trump’s mind when he said this week, “We should take over the voting, the voting in at least many — 15 places. The Republicans ought to nationalize the voting.”

Our swing state was Ground Zero for the fake electors plot to overturn the results of the 2020 election after Trump narrowly lost here. Wisconsin U.S. Sen. Ron Johnson’s office was involved in the effort to pass off fraudulent Electoral College ballots cast by state Republicans for Trump. Our state Legislature hosted countless hearings spotlighting election deniers and wasted $2.5 million in taxpayer dollars on a fruitless “investigation” of the 2020 presidential results, led by disgraced former Supreme Court Justice Michael Gableman, who threatened to arrest the mayors of Madison and Green Bay.

So how worried should we be about Trump’s election takeover threats?

“I wouldn’t be overly concerned that the president could get anything done that’s directly contrary to the Constitution,” says John Vaudreuil, a former U.S. Attorney for the Western District of Wisconsin and a member of the nonpartisan group Keep Our Republic, which works to promote trust in elections.

Not only does Article I of the U.S. Constitution expressly delegate elections administration to the states, Wisconsin has one of the most decentralized elections systems in the country, with about 1,800 local clerks running elections in counties, municipalities and townships throughout the state. “And they are Republicans, they are Democrats, they are independent,” Vaudreuil says. “Most fundamentally, they’re our neighbors, they’re our friends.” 

Trump’s threats of a federal takeover would be both legally and practically hard to pull off in Wisconsin.

But there is still reason to worry. Sowing distrust in elections takes a toll on clerks and poll workers, who have become less willing to put up with the threats and hostility generated by Trump’s attacks. Vaudreuil urges people to support their local elections officials and poll workers and spread the word that the work they do is important and that elections are secure.

Then there’s the danger that Trump could use his own false claims about election fraud to send federal immigration agents to the polls on the pretext that it’s necessary to address the nonexistent problem of noncitizen voting.

Doug Poland, director of litigation at the voting rights focused firm Law Forward, has been involved in election-related litigation in Wisconsin for years, including a lawsuit to block the Trump administration from forcing the state to turn over sensitive voter information. 

Poland sees Trump’s threats to “nationalize” elections as part of a pivot from Republican efforts to make in-person voting harder — on the dubious theory that there’s a huge problem with voter impersonation at the polls — to a new focus on stopping absentee voting after many people began using mail-in ballots during the pandemic. But really, it’s all about trying to make sure fewer people vote.

Under former Republican Wisconsin Gov. Scott Walker, Wisconsin passed a strict voter ID law, which one Republican former staffer testified made Republican legislators “giddy” as they discussed how it would make it more difficult for students and people of color to vote. 

Like Vaudreuil, Poland sees the current threat from the Trump administration not as an actual takeover of election administration by the federal government, but as an escalation of intimidation tactics.

“Noncitizens generally don’t vote. So it’s a lie,” Poland says. “But it’s, of course, the lie that they’re going to use as a premise to send, whether it’s ICE or whomever it may be, to polling places, probably in locations with Black and brown populations, and that is purely for the purpose of intimidation. And at the same time, they’re pushing back very hard on absentee voting by mail.”

If the Trump administration is preparing to send armed federal agents to the polls to intimidate voters, absentee voting will be more important than ever in the upcoming elections.

Yet, U.S. Sen. Ron Johnson recently told constituents that while he doesn’t think the federal government should take over elections administration, “I think we need to tighten up the requirements for absentee voting. I’m opposed to mail in register or mail in balloting.”

And as Erik Gunn reports, Wisconsin U.S. Rep. Bryan Steil’s Make Elections Great Again Act would restrict absentee voting, along with adding new layers of citizen verification steps while threatening to defund elections administrators who fail to comply with the bill’s onerous requirements.

“They’re going to do everything they can to try to make it harder to vote absentee by mail, to make it harder to vote absentee in person,” Poland says, adding, “They’re going to try to do it so they can put ICE agents around polling places and just try to intimidate people, to keep them away.”

So what can be done?

Voter intimidation is a crime, and specific instances can be addressed through lawsuits, Poland says. Still, he acknowledges (and Law Forward has argued in court) that once someone is deprived of the right to cast a ballot, there’s no remedy that can adequately compensate for that loss. That’s why it was so appalling when the city of Madison asserted that absentee voting is a “privilege” in response to a lawsuit brought by Poland’s organization over 200 lost ballots in the 2024 election.

Of course, in addition to worries about possible violations of individuals’ right to vote, there’s the fear that Trump could manage to subvert elections through heavy-handed tactics like the recent FBI raid to seize 2020 ballots from Fulton County. Both Vaudreuil and Poland think judges would step in to prevent such a seizure in the middle of an election, before the ballots were counted.

Meanwhile, in Wisconsin, absentee voting remains legal and many municipalities are using secure ballot drop boxes. We need to keep on making use of our right (not our privilege) to vote, using all the tools we have in place.

As for the intimidating effect of armed ICE agents at polling places, local officials and perhaps local law enforcement could have a role in protecting the polls and reassuring voters it’s safe to cast their ballots. Neighbors who have been organizing to warn people of ICE raids, bring food to immigrants who are afraid to leave their homes, and form a protective shield around schools could become self-appointed polling place protectors.

If we are going to defend the core tenets of our democracy against an administration that has demonstrated over and over again its contempt for the Constitution and the rule of law, it’s going to take massive public resistance and a flat refusal to give up our rights.

“What is it that will make them stand down from what they’re doing to break the law?” asks Poland. “I think the people of Minnesota have answered that for us better than anybody else can, which is that you have to stand up, you have to exercise your rights, First Amendment rights, the right to vote.”

Exercising our rights is the only way to make sure they are not taken away. Courage and collective action are the best protection we’ve got.