With Americans already casting ballots in some states ahead of November’s midterm elections, Republicans are increasing pressure on Senate leaders to advance more of President Donald Trump’s legislative priorities before lawmakers leave Washington for the final campaign stretch.
Sen. Mike Lee, R-Utah, renewed his push last week for the Senate to take up the SAVE America Act, arguing that Congress is running out of time to enact additional election-integrity measures before Election Day.
Lee’s remarks followed a Reuters investigation that found more than 30,000 people who identified themselves as noncitizens had been added to voter rolls across 11 states since 2000.
The investigation found that many of the registrations appeared to result from administrative mistakes, including software problems and clerical errors associated with automatic voter-registration systems.
The figure does not mean 30,000 noncitizens illegally voted.
Reuters said it could not determine how many of those mistakenly registered individuals ultimately cast ballots. In New Jersey, state records showed fewer than 400 ballots were cast by roughly 6,600 noncitizens who had been improperly registered.
Lee nevertheless argued on the Senate floor Thursday that the findings demonstrate weaknesses in a system that largely depends on applicants attesting that they are U.S. citizens.
“It should not be any easier for someone to get away with voter fraud at a polling location … than it is to cheat Olive Garden through its never-ending pasta pass,” Lee said.
Federal law already prohibits noncitizens from voting in federal elections, while states require citizenship to participate in those contests.
Republicans argue that documentary requirements are necessary because election officials often have limited ability to independently verify citizenship during the registration process.
The SAVE America Act would require people registering for federal elections to provide documentary proof of U.S. citizenship.
It would also establish a federal photo-identification requirement for voting and direct states to take additional steps to identify and remove noncitizens from their voter rolls.
The House passed the measure 218-213 on Feb. 11, with nearly all Republicans supporting it and all but one Democrat voting against it.
Democrats and voting-rights organizations oppose the legislation, arguing that documentary requirements could prevent some eligible citizens from registering if they lack ready access to passports, birth certificates or other qualifying records.
Supporters counter that the legislation contains procedures intended to help eligible citizens establish their citizenship and argue that requiring proof is a reasonable safeguard for federal elections.
The larger obstacle for Republicans is the Senate.
The GOP currently holds 50 seats, leaving the party well short of the 60 votes ordinarily required to end a filibuster and advance most legislation.
Vice President JD Vance says the Trump administration has examined a more aggressive procedural strategy that could potentially circumvent that obstacle.
During a recent appearance on Newsmax’s “Carl Higbie FRONTLINE,” Vance said his constitutional role as president of the Senate could allow him to personally preside over the chamber and make a procedural ruling contrary to the advice of the Senate parliamentarian.
“So, we’ve actually looked into this,” Vance said. “As the president of the Senate under the U.S. Constitution, there are things that we can do.”
“We can take over the Senate chair. I can occupy the chair. We can overrule the parliamentarian. Those things are very possible.”
The Senate parliamentarian advises the presiding officer about the chamber’s rules and precedents but does not personally issue binding rulings.
The presiding officer typically follows the parliamentarian’s advice when deciding procedural questions. Senators can appeal many rulings of the chair, allowing the full chamber to determine whether the decision stands.
Depending on the issue involved, sustaining or overturning such a ruling can require a simple majority, although particular Senate rules and budget-related points of order can carry different thresholds.
Vance acknowledged that the strategy therefore does not automatically solve Republicans’ problem.
“The fundamental issue with that is not the 60-vote threshold. It’s the 50-vote threshold,” Vance said.
“If, for example, I took over the Senate chair, and I overruled the parliamentarian, we would need to sustain 50 senators plus me.”
Vance said Trump, administration officials and Republican lawmakers have discussed whether the party could assemble enough votes to support such a maneuver.
“Obviously, most Republicans would support it,” Vance said. “But could we get 50? That’s the big question.”
This article may contain commentary which reflects the author’s opinion.
