Text of Senate Amendment 5779

On 2026-06-04, Senator Lindsey Graham (R-SC) delivered a floor speech titled "Text Of Senate Amendment 5779" in the Senate.

Text of Senate Amendment 5779

Congressional Record, Volume 172 Issue 95 (Thursday, June 4, 2026) [Congressional Record Volume 172, Number 95 (Thursday, June 4, 2026)] [Senate] [Pages S2622-S2629] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 5779. Mr. GRAHAM (for himself, Mr. Hagerty, Mr. Paul, and Mr. Schmitt) proposed an amendment to amendment SA 5453 proposed by Mr. Thune (for Mr. Graham) to the bill S. 2, to provide for reconciliation pursuant to title II of S. Con. Res. 33.; as follows: At the appropriate place, insert the following: DIVISION __--SAVE AMERICA ACT SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This division may be cited as the ``Safeguard American Voter Eligibility Act'' or the ``SAVE America Act''. (b) Table of Contents.--The table of contents of this division is as follows: DIVISION __--SAVE AMERICA ACT Sec. 1. Short title; table of contents. TITLE I--SAVE AMERICAN VOTERS Subtitle A--Ensuring Only Citizens Are Registered to Vote in Elections for Federal Office Sec. _101. Ensuring only citizens are registered to vote in elections for Federal office. Subtitle B--Requiring Voters to Provide Photo Identification Sec. _111. Requiring voters to provide photo identification. Subtitle C--Manner of Holding Elections for Federal Office Sec. _121. Authority. Sec. _122. Definitions. Sec. _123. In-person voting required. Sec. _124. Limited absentee voting in Federal elections. Sec. _125. Ballot handling and receipt. Sec. _126. Enforcement. Sec. _127. Preemption. Sec. _128. Severability. Sec. _129. Effective date. [[Page S2623]] TITLE II--SAVE AMERICAN SPORTS Sec. _201. Amendment. TITLE III--SAVE AMERICAN CHILDREN TITLE I--SAVE AMERICAN VOTERS Subtitle A--Ensuring Only Citizens Are Registered to Vote in Elections for Federal Office SEC. _101. ENSURING ONLY CITIZENS ARE REGISTERED TO VOTE IN ELECTIONS FOR FEDERAL OFFICE. (a) Definition of Documentary Proof of United States Citizenship.--Section 3 of the National Voter Registration Act of 1993 (52 U.S.C. 20502) is amended-- (1) by striking ``As used'' and inserting ``(a) In General.--As used''; and (2) by adding at the end the following: ``(b) Documentary Proof of United States Citizenship.--As used in this Act, the term `documentary proof of United States citizenship' means, with respect to an applicant for voter registration, any of the following: ``(1) A form of identification issued consistent with the requirements of the REAL ID Act of 2005 that indicates the applicant is a citizen of the United States. ``(2) A valid United States passport that indicates the applicant is a citizen of the United States. ``(3) The applicant's official United States military identification card, together with an official United States military record showing that the applicant's place of birth was in the United States or that otherwise indicates the applicant is a citizen of the United States. ``(4) A valid government-issued photo identification card issued by a Federal, State or Tribal government showing that the applicant's place of birth was in the United States or that otherwise indicates the applicant is a citizen of the United States. ``(5) A valid government-issued photo identification card issued by a Federal, State or Tribal government other than an identification described in paragraphs (1) through (4), but only if presented together with one or more of the following: ``(A) A certified birth certificate issued by a State, a unit of local government in a State, or a Tribal government which-- ``(i) was issued by the State, unit of local government, or Tribal government in which the applicant was born; ``(ii) was filed with the office responsible for keeping vital records in the State; ``(iii) includes the full name, date of birth, and place of birth of the applicant; ``(iv) lists the full names of one or both of the parents of the applicant; ``(v) has the signature of an individual who is authorized to sign birth certificates on behalf of the State, unit of local government, or Tribal government in which the applicant was born; ``(vi) includes the date that the certificate was filed with the office responsible for keeping vital records in the State; and ``(vii) has the seal of the State, unit of local government, or Tribal government that issued the birth certificate. ``(B) An extract from a United States hospital Record of Birth created at the time of the applicant's birth which indicates that the applicant's place of birth was in the United States. ``(C) A final adoption decree showing the applicant's name and that the applicant's place of birth was in the United States. ``(D) A Consular Report of Birth Abroad of a citizen of the United States or a certification of the applicant's Report of Birth of a United States citizen issued by the Secretary of State. ``(E) A Naturalization Certificate or Certificate of Citizenship issued by the Secretary of Homeland Security or any other document or method of proof of United States citizenship issued by the Federal government pursuant to the Immigration and Nationality Act. ``(F) An American Indian Card issued by the Department of Homeland Security with the classification `KIC'.''. (b) Application of Requirements.--Section 4 of the National Voter Registration Act of 1993 (52 U.S.C. 20503) is amended-- (1) in subsection (a), by striking ``subsection (b)'' and inserting ``subsection (c)''; (2) by redesignating subsection (b) as subsection (c); and (3) by inserting after subsection (a) the following new subsection: ``(b) Requiring Applicants To Present Documentary Proof of United States Citizenship.--Under any method of voter registration in a State, the State shall not accept and process an application to register to vote in an election for Federal office unless the applicant presents documentary proof of United States citizenship with the application.''. (c) Registration With Application for Motor Vehicle Driver's License.--Section 5 of the National Voter Registration Act of 1993 (52 U.S.C. 20504) is amended-- (1) in subsection (a)(1), by striking ``Each State motor vehicle driver's license application'' and inserting ``Subject to the requirements under section 8(j), each State motor vehicle driver's license application''; (2) in subsection (c)(1), by striking ``Each State shall include'' and inserting ``Subject to the requirements under section 8(j), each State shall include''; (3) in subsection (c)(2)(B)-- (A) in clause (i), by striking ``and'' at the end; (B) in clause (ii), by adding ``and'' at the end; and (C) by adding at the end the following new clause: ``(iii) verify that the applicant is a citizen of the United States;''; (4) in subsection (c)(2)(C)(i), by striking ``(including citizenship)'' and inserting ``, including the requirement that the applicant provides documentary proof of United States citizenship''; and (5) in subsection (c)(2)(D)(iii), by striking ``; and'' and inserting the following: ``, other than as evidence in a criminal proceeding or immigration proceeding brought against an applicant who knowingly attempts to register to vote and knowingly makes a false declaration under penalty of perjury that the applicant meets the eligibility requirements to register to vote in an election for Federal office; and''. (d) Requiring Documentary Proof of United States Citizenship With National Mail Voter Registration Form.-- Section 6 of the National Voter Registration Act of 1993 (52 U.S.C. 20505) is amended-- (1) in subsection (a)(1)-- (A) by striking ``Each State shall accept and use'' and inserting ``Subject to the requirements under section 8(j), each State shall accept and use''; and (B) by striking ``Federal Election Commission'' and inserting ``Election Assistance Commission''; (2) in subsection (b), by adding at the end the following: ``The chief State election official of a State shall take such steps as may be necessary to ensure that residents of the State are aware of the requirement to provide documentary proof of United States citizenship to register to vote in elections for Federal office in the State.''; (3) in subsection (c)(1)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(C) the person did not provide documentary proof of United States citizenship when registering to vote.''; and (4) by adding at the end the following new subsection: ``(e) Ensuring Proof of United States Citizenship.-- ``(1) Presenting proof of united states citizenship to election official.--An applicant who submits the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2) or a form described in paragraph (1) or (2) of subsection (a) shall not be registered to vote in an election for Federal office unless-- ``(A) the applicant presents documentary proof of United States citizenship in person to the office of the appropriate election official not later than the deadline provided by State law for the receipt of a completed voter registration application for the election; or ``(B) in the case of a State which permits an individual to register to vote in an election for Federal office at a polling place on the day of the election and on any day when voting, including early voting, is permitted for the election, the applicant presents documentary proof of United States citizenship to the appropriate election official at the polling place not later than the date of the election. ``(2) Notification of requirement.--Upon receiving an otherwise completed mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2) or a form described in paragraph (1) or (2) of subsection (a), the appropriate election official shall transmit a notice to the applicant of the requirement to present documentary proof of United States citi