A Crucial Turning Point in U.S. Electoral Politics
The political landscape is fraught with tension as significant changes loom over the horizon, threatening the very fabric of American democratic norms.
As the 2026 midterm elections approach, many hope to see a shift in control of the U.S. Congress. However, recent developments suggest a concerted effort by the GOP to ensure dominance in federal elections, potentially steering the country towards a one-party system.
Central to these changes are two pivotal measures: the Safeguard American Voter Eligibility Act (SAVE Act), which passed the House on April 10 and is now before the Senate, and an executive order from President Donald Trump issued on March 25, ominously titled “Preserving and Protecting the Integrity of American Elections.” The Supreme Court, with its three Trump appointees, will ultimately determine the constitutionality of these measures, amidst a backdrop of skepticism regarding its commitment to protecting voting rights.
This sequence of events could potentially mark a detrimental shift in the course of American democracy.
The SAVE Act and Its Implications
The SAVE Act introduces stringent requirements for voter registration. Every American would need to present a birth certificate, passport, or other proof of citizenship in person each time they register or re-register to vote. States would be mandated to actively verify the citizenship of registered voters continually and to purge noncitizens from voter rolls. Furthermore, the act allows individuals to sue election officials who fail to verify citizenship adequately and establishes criminal penalties for violations, with potential imprisonment of up to five years.
Trump’s executive order is equally radical. It mandates the Election Assistance Commission, a nonpartisan body established by Congress, to demand documentary proof of citizenship for national voter registration forms. It prohibits the counting of mail-in ballots received after Election Day, mandates the recertification of state voting systems to new security standards, and cuts off election assistance funding to states that do not adhere to the order’s stipulations within 180 days. Alarmingly, it also empowers federal departments to subpoena state records and review voter registration lists.
However, there is a glimmer of resistance. On April 24, Judge Colleen Kollar-Kotelly issued a preliminary injunction preventing the EAC from implementing the new requirement for documentary proof of citizenship on voter registration forms, underscoring that regulating federal elections falls under the purview of Congress and the states, not the executive branch.
The Times, Places, and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing [original text] Senators.
While Kollar-Kotelly’s ruling was celebrated by voting rights advocates, it did not address other aspects of the executive order or the SAVE Act, which remains a significant threat to voting rights.
The Potential Impact of the SAVE Act
According to research by the Brennan Center and other organizations, over 21.3 million U.S. citizens of voting age lack readily accessible proof of citizenship. The SAVE Act would disproportionately impact voters of color, women who have changed their names due to marriage, and younger voters. Historians and voting rights experts have expressed grave concerns about the act. Alexander Keyssar, Sean Morales-Doyle, and Sean Wilentz have all characterized it as an unprecedented attack on voting rights, potentially more damaging than any previous federal legislation or even historical voter suppression laws.
The Senate now holds the key to blocking the SAVE Act, with Democrats positioned to filibuster its passage. However, the influence of figures like Trump and Elon Musk, who propagate claims of widespread election fraud, complicate the political dynamics. It’s crucial to note that actual instances of voter fraud are extremely rare.
If the SAVE Act passes, its constitutionality would likely be challenged up to the Supreme Court. The outcome could hinge on figures like Chief Justice John Roberts, who has a mixed record on voting rights, having authored several decisions that weakened protections under the Voting Rights Act.
In the meantime, the Justice Department has seen a significant number of resignations, driven by disillusionment with Trump’s policies, particularly those affecting civil rights and voting integrity.
The unfolding events suggest a critical juncture for U.S. democracy, with fundamental changes to the electoral process in motion. It underscores the urgency of the upcoming midterm elections, and possibly, that it may already be too late to counteract these sweeping changes.
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