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Speaker Johnson Advances Short-Term Spending Bill Without the SAVE Act After Failed Vote

migrants in a line, US Capitol, and money - appropriations

FAIR Take | September 2024

On Sunday, Speaker Mike Johnson (R-La.) unveiled a new short-term spending bill (continuing resolution) to fund the government through December 20, 2024 at Fiscal Year (FY) 2024 levels. This new version of the continuing resolution does not include the Safeguard American Voter Eligibility (SAVE) Act, to protect against noncitizen voting, and is slated to get a vote this week. Johnson is expected to rely on Democratic votes to pass the bill.

Speaker Johnson attempted to pass the SAVE Act last week as part of a funding package to keep the federal government open for six months, but the vote failed after a tumultuous week-long debate. The Speaker originally scheduled a vote for the package on September 11, though after pushback scrapped it to negotiate further. The objections did not appear to be focused on the SAVE Act, as all House Republicans voted for the bill when it first passed in July. Rather, some Republicans expressed concern over the length of the spending bill, lack of increased funding for the Department of Defense (DOD), and the use of stopgap funding at all. Congressional Democrats and the Biden-Harris Administration meanwhile represented an almost united front in opposing the package.

The SAVE Act, supported by FAIR, requires voters to prove citizenship when registering to vote and requires states to remove noncitizens from their voter rolls. Specifically, the bill:

  • Requires state elections officials to verify registrants’ citizenship using documents such as a U.S. passport, a birth certificate, or a REAL-ID compliant form of identification;
  • Requires states to remove noncitizens from their voter rolls and provides for states to utilize existing federal databases to verify citizenship status; and
  • Creates a private right of action for citizens to bring civil suits against election officials who fail to uphold proof of citizenship requirements.

The final vote on last week’s spending package with the SAVE Act was 202-220, with 14 Republicans voting against it and three Democrats supporting. Following the package’s failure, Speaker Johnson relayed his frustrations with the process. In a press release, he said, “the play that we ran tonight was the right play. It’s the right fight for the American people. It’s the one that they demand and deserve…I’m very disappointed that it didn’t pass. I want to note that every Democrat except three went on record once again, for the second time voting against election security.”

Democrats continued their offensive against the SAVE Act. In a statement the day of the failed vote, Senate Majority Leader Chuck Schumer (D-N.Y.) wrote: “[f]or weeks, Speaker Johnson pursued a partisan ploy knowing full well it had no chance of passing or averting a shutdown. We now have only a few days left for House Republicans to come to their senses, come to the table, and come together with Democrats to craft a bipartisan agreement.” House Minority Whip Katherine Clark (D-Mass.), echoed those sentiments, referring to the measure as an “exercise in futility.”

Republican Members that voted against the package included Jim Banks (Ind.), Andy Biggs (Ariz.), Lauren Boebert (Colo.), Tim Burchett (Tenn.), Eli Crane (Ariz.), Matt Gaetz (Fla.), Wesley Hunt (Texas), Doug Lamborn (Colo.), Nancy Mace (S.C.), Cory Mills (Fla.), Mike Rogers (Ala.), Matt Rosendale (Mont.), Greg Steube (Fla.), and Beth Van Duyne (Texas).

Democrats voting in favor included Donald Davis (N.C.), Jared Golden (Maine) and Marie Gluesenkamp Perez (Wash.).

While the SAVE Act will likely not see another vote this congressional session, FAIR will continue to support the bill and advocate for commonsense measures to ensure that only U.S. citizens vote in American elections. Meanwhile, the new version of the continuing resolution that does not include the SAVE Act is expected to pass this week. This means that the next congressional battle over government spending will take place in December, during a lame-duck session of Congress, while most Americans are preoccupied with the holidays and Members are eager to get home.