Attorney General James Calls on Congress to Reject Voter Suppression Legislation

NEW YORK – New York Attorney General Letitia James and a coalition of 17 other attorneys general today sent a letter urging congressional leadership to reject the so-called Safeguard American Voter Eligibility (SAVE) Act. The SAVE Act would amend the National Voter Registration Act (NVRA) by placing new requirements on Americans to provide documentary proof of their citizenship when registering to vote, even though it is already illegal for noncitizens to vote in state and federal elections, and states already have methods to exclude noncitizens from the voter rolls. Attorney General James and the coalition argue that the proposed legislation would create unnecessary and burdensome requirements that could effectively disenfranchise millions of eligible voters across the country. The coalition emphasizes that this proof of citizenship requirement would reverse three decades of progress made under the NVRA, which was designed to remove barriers to voter registration and promote greater participation in the democratic process.

"The right to vote is the very foundation of our democracy, but with this bill, Congress is threatening that right for millions of eligible voters," said Attorney General James. "The so-called SAVE Act would disproportionately impact communities of color, low-income individuals, and other vulnerable populations to create a dangerous precedent. It is nothing more than a thinly veiled attempt to suppress voter participation and I urge Congress to reject this bill and protect every American’s fundamental right to vote."

In the letter to Speaker Michael Johnson and Minority Leader Hakeem Jeffries, Attorney General James and the coalition warn that the proposed legislation would create significant obstacles for eligible voters, including:

• Requiring expensive documentation such as passports or birth certificates and jeopardizing the franchise for those whose documents may not perfectly match their current names, such as married women and trans people;
• Mandating in-person presentation of citizenship documents, effectively eliminating online voter registration systems currently available in 42 states; and
• Threatening to undermine the franchise for active-duty service members who cannot return to their local election offices. 

In their letter, the attorneys general highlight that 21 million voting-age citizens do not have ready access to a passport, birth record, or naturalization record, and that 80 percent of married women would not have a valid birth certificate under the SAVE Act because they chose to adopt their partner's last name.

Attorney General James and the coalition also express concerns about the substantial administrative and financial burdens the SAVE Act would place on state election systems. The legislation would require states to fundamentally restructure their voter registration procedures and create new systems for document verification, while criminalizing mistakes made by election officials with penalties of up to five years in prison.

Attorney General James and the coalition also assert that non-citizen voting is extremely rare. Studies show that in jurisdictions with high immigrant populations, only 0.0001% of votes cast were by non-citizens. Despite this negligible risk, the SAVE Act would impose substantial burdens on eligible voters, particularly affecting poor and minority communities.

With this letter, Attorney General James is urging congressional leadership to oppose the SAVE Act and protect the right to vote for all eligible Americans. Maintaining the integrity of our elections need not, and should not, come at the cost of disenfranchising eligible voters.

Attorney General James has been a leader in protecting voting rights in New York and throughout the nation. In January 2025, Attorney General James successfully defended New York's Voting Rights Act. In August 2024, Attorney General James successfully defended New York’s Early Mail Voter Act. In April 2024, Attorney General James secured up to $1.25 million from two conspiracy theorists who intimidated Black voters in New York with menacing robocalls. Before every general and primary election, Attorney General James issues alerts to ensure New Yorkers are aware of their voting rights and encourages New Yorkers to contact OAG’s Election Protection Hotline for assistance with voting. In November 2022, Attorney General James issued a statement supporting the Appellate Division, Third Department’s decision upholding New York's absentee ballot reforms to increase access to the polls.

Joining Attorney General James in sending this letter are the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia.