Democrats are being total hypocrites over the SAVE America Act 

This week, the U.S. Senate is considering the SAVE America Act, an election integrity bill that appears to be one of President Trump’s top legislative priorities for his term. The bill, which would impose a photo identification requirement for voting in federal elections as well as proof of citizenship requirement when registering to vote, passed the House earlier this year.   

Opposition from the left has been fierce. Democrats have vowed to filibuster the bill to prevent it from passing the Senate.   

One of the chief critiques of the SAVE America Act is that the bill is an unnecessary — and maybe even unconstitutional — federalization of elections; the administration of elections, Democrats argue, is best left to state and local governments. Rep. Pete Aguilar, the head of the House Democratic Caucus, criticized the act for being “a federal takeover of state and local elections.” Shortly after the bill passed the House, the social media arm of the House Democrats echoed his attack. 

But those who argue against SAVE America because it allegedly federalizes a state and local responsibility are, at best, being disingenuous. Recent history suggests that it is Democratic members of Congress and those on the political left who have been the most fervent supporters of increased federal control of the administration of elections. 

For instance, in 1993, newly inaugurated Democratic President Bill Clinton signed into law the National Voter Registration Act (NVRA). This act, also referred to as the Motor Voter Law, had long been a priority of the left; because of its importance, it was the first bill Clinton signed into law.

The NVRA amounted to a massive expansion of federal authority over elections. It mandated that states offer voters the ability to register to vote through a number of state and local government agencies, such as motor vehicle offices, and required every state to establish a statewide voter registration database. While the NVRA’s goals may be laudable, it is less than honest for those on the left today to argue against an increased federal role in elections after having championed a such proposal a generation ago. 

While the NVRA expanded federal authority over elections, another proposal with near universal support from Democrats in Congress, had it become law, would have amounted to the greatest federal takeover of elections in the country’s history: the For the People Act.   

During their last stint in the majority, Democrats in Congress made the For the People Act their signature election reform proposal. Many of the bill’s provisions were unprecedented in American history. The For the People Act would have mandated everything from same-day voter registration to automatic voter registration to expanded voting by mail. It would enact public financing for congressional elections and dictate how states redraw their House districts. Virtually every item on the left’s election administration agenda was included in the For the People Act. 

While the bill passed the Democratic-controlled House, it was blocked in the Senate thanks to a filibuster by Senate Republicans. Two centrist members of the Senate Democratic Caucus, Joe Manchin and Kyrsten Sinema, refused to join with Senate Democrats and allow the bill to pass with a simple majority vote.   

While the For the People Act remains dormant as long as the GOP controls both houses of Congress, every astute politico knows it will return to the top of Democrats’ legislative agenda the next time they command majorities in the House and Senate. 

One may agree or disagree with the key policy provisions of the SAVE America Act and whether or not they are better left to the states. But Democratic leaders who claim that their opposition to the bill is rooted in support for state and local authority over elections are simply being dishonest. If anything, the left, in recent decades, has been more aggressive than those on the right in their efforts to increase federal control over the administration of elections. 

As the Senate takes up the SAVE America Act this week, the public debate over it as well as over elections generally is likely to intensify. That debate, however, can only be an honest one if those on the left acknowledge that they too desire greater federal involvement in how elections are run in America. 

Joe Burns is a partner with the Holtzman Vogel law firm, with a focus on election cases in New York State. He previously served as deputy director of election operations at the New York State Board of Elections. 

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