‘‘(D) based on documentary proof or 
verified information that the registrant is not a 
United States citizen; or 
‘‘(E) the registration otherwise fails to 
comply with applicable State law;’’; 
(2) by redesignating subsection (j) as sub-
section (l); and 
(3) by inserting after subsection (i) the fol-
lowing new subsections: 
‘‘(j) ENSURING ONLY CITIZENS ARE REGISTERED 
TO VOTE.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this Act, a State may not register an in-
dividual to vote in elections for Federal office held 
in the State unless, at the time the individual ap-
plies to register to vote, the individual provides docu-
mentary proof of United States citizenship. 
‘‘(2) ADDITIONAL
PROCESSES
IN
CERTAIN 
CASES.— 
‘‘(A) PROCESS FOR THOSE WITHOUT DOC-
UMENTARY PROOF.— 
‘‘(i) IN GENERAL.—Subject to any rel-
evant guidance adopted by the Election As-
sistance Commission, each State shall es-
tablish a process under which an applicant 
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who cannot provide documentary proof of 
United States citizenship under paragraph 
(1) may, if the applicant signs an attesta-
tion under penalty of perjury that the ap-
plicant is a citizen of the United States 
and eligible to vote in elections for Federal 
office, submit such other evidence to the 
appropriate State or local official dem-
onstrating that the applicant is a citizen of 
the United States and such official shall 
make a determination as to whether the 
applicant 
has 
sufficiently 
established 
United States citizenship for purposes of 
registering to vote in elections for Federal 
office in the State. 
‘‘(ii) AFFIDAVIT REQUIREMENT.—If a 
State or local official makes a determina-
tion under clause (i) that an applicant has 
sufficiently established United States citi-
zenship for purposes of registering to vote 
in elections for Federal office in the State, 
such determination shall be accompanied 
by an affidavit developed under clause (iii) 
signed by the official swearing or affirming 
the 
applicant 
sufficiently 
established 
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United States citizenship for purposes of 
registering to vote. 
‘‘(iii) DEVELOPMENT
OF
AFFIDAVIT 
BY
THE
ELECTION
ASSISTANCE
COMMIS-
SION.—The Election Assistance Commis-
sion shall develop a uniform affidavit for 
use by State and local officials under 
clause (ii), which shall— 
‘‘(I) include an explanation of the 
minimum standards required for a 
State or local official to register an 
applicant who cannot provide docu-
mentary proof of United States citi-
zenship to vote in elections for Fed-
eral office in the State; and 
‘‘(II) require the official to ex-
plain the basis for registering such 
applicant to vote in such elections. 
‘‘(B) PROCESS IN CASE OF CERTAIN DIS-
CREPANCIES IN DOCUMENTATION.—Subject to 
any relevant guidance adopted by the Election 
Assistance Commission, each State shall estab-
lish a process under which an applicant can 
provide such additional documentation to the 
appropriate election official of the State as may 
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be necessary to establish that the applicant is 
a citizen of the United States in the event of a 
discrepancy with respect to the applicant’s doc-
umentary proof of United States citizenship. 
‘‘(3) STATE REQUIREMENTS.—Each State shall 
take affirmative steps on an ongoing basis to ensure 
that only United States citizens are registered to 
vote under the provisions of this Act, which shall in-
clude the establishment of a program described in 
paragraph (4) not later than 30 days after the date 
of the enactment of this subsection. 
‘‘(4) PROGRAM DESCRIBED.—A State may meet 
the requirements of paragraph (3) by establishing a 
program under which the State identifies individuals 
who are not United States citizens using information 
supplied by one or more of the following sources: 
‘‘(A) The Department of Homeland Secu-
rity through the Systematic Alien Verification 
for Entitlements (‘SAVE’) or otherwise. 
‘‘(B) The Social Security Administration 
through 
the 
Social 
Security 
Number 
Verification Service, or otherwise. 
‘‘(C) State agencies that supply State iden-
tification cards or driver’s licenses where the 
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agency confirms the United States citizenship 
status of applicants. 
‘‘(D) Other sources, including databases, 
which provide confirmation of United States 
citizenship status. 
‘‘(5) AVAILABILITY OF INFORMATION.— 
‘‘(A) IN GENERAL.—At the request of a 
State election official (including a request re-
lated to a process established by a State under 
paragraph (2)(A) or (2)(B)), any head of a 
Federal department or agency possessing infor-
mation relevant to determining the eligibility of 
an individual to vote in elections for Federal of-
fice shall, not later than 24 hours after receipt 
of such request, provide the official with such 
information as may be necessary to enable the 
official to verify that an applicant for voter reg-
istration in elections for Federal office held in 
the State or a registrant on the official list of 
eligible voters in elections for Federal office 
held in the State is a citizen of the United 
States, which shall include providing the official 
with such batched information as may be re-
quested by the official. 
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‘‘(B) USE
OF
SAVE
SYSTEM.—The Sec-
retary of Homeland Security may respond to a 
request received under paragraph (1) by using 
the system for the verification of immigration 
status under the applicable provisions of section 
1137 of the Social Security Act (42 U.S.C. 
1320b–7), as established pursuant to section 
121(c) of the Immigration Reform and Control 
Act of 1986 (Public Law 99–603). 
‘‘(C) SHARING
OF
INFORMATION.—The 
heads of Federal departments and agencies 
shall share information with each other with re-
spect to an individual who is the subject of a 
request received under paragraph (A) in order 
to enable them to respond to the request. 
‘‘(D) INVESTIGATION
FOR
PURPOSES
OF 
REMOVAL.—The Secretary of Homeland Secu-
rity shall conduct an investigation to determine 
whether to initiate removal proceedings under 
section 239 of the Immigration and Nationality 
Act (8 U.S.C. 1229) if it is determined pursu-
ant to subparagraph (A) or (B) that an alien 
(as such term is defined in section 101 of the 
Immigration and Nationality Act (8 U.S.C. 
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1101)) is unlawfully registered to vote in elec-
tions for Federal office. 
‘‘(E) PROHIBITING FEES.—The head of a 
Federal department or agency may not charge 
a fee for responding to a State’s request under 
paragraph (A). 
‘‘(k) REMOVAL OF NONCITIZENS FROM REGISTRA-
TION ROLLS.—A State shall remove an individual who is 
not a citizen of the United States from the official list 
of eligible voters for elections for Federal office held in 
the State at any time upon receipt of documentation or 
verified information that a registrant is not a United 
States citizen.’’. 
(g) CLARIFICATION OF AUTHORITY OF STATE TO 
REMOVE NONCITIZENS FROM OFFICIAL LIST OF ELIGI-
BLE VOTERS.— 
(1) IN GENERAL.—Section 8(a)(4) of the Na-
tional Voter Registration Act of 1993 (52 U.S.C. 
20507(a)(4)) is amended— 
(A) by striking ‘‘or’’ at the end of subpara-
graph (A); 
(B) by adding ‘‘or’’ at the end of subpara-
graph (B); and 
(C) by adding at the end the following new 
subparagraph: 
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‘‘(C) documentary proof or verified infor-
mation that the registrant is not a United 
States citizen;’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
8(c)(2)(B)(i) 
of 
such 
Act 
(52 
U.S.C. 
20507(c)(2)(B)(i)) is amended by striking ‘‘(4)(A)’’ 
and inserting ‘‘(4)(A) or (C)’’. 
(h) REQUIREMENTS WITH RESPECT TO FEDERAL 
MAIL VOTER REGISTRATION FORM.— 
(1) CONTENTS OF MAIL VOTER REGISTRATION 
FORM.—Section 9(b) of such Act (52 U.S.C. 
20508(b)) is amended— 
(A) in paragraph (2)(A), by striking ‘‘(in-
cluding citizenship)’’ and inserting ‘‘(including 
an explanation of what is required to present 
documentary proof of United States citizen-
ship)’’; 
(B) in paragraph (3), by striking ‘‘and’’ at 
the end; 
(C) in paragraph (4), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(D) by adding at the end the following new 
paragraph: 
‘‘(5) shall include a section, for use only by a 
State or local election official, to record the type of 
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document the applicant presented as documentary 
proof of United States citizenship, including the date 
of issuance, the date of expiration (if any), the office 
which issued the document, and any unique identi-
fication number associated with the document.’’. 
(2) INFORMATION ON MAIL VOTER REGISTRA-
TION
FORM.—Section 9(b)(4) of such Act (52 
U.S.C. 20508(b)(4)) is amended— 
(A) by redesignating clauses (i) through 
(iii) as subparagraphs (A) through (C), respec-
tively; and 
(B) in subparagraph (C) (as so redesig-
nated and as amended by paragraph (1)(C)), by 
striking ‘‘; and’’ and inserting the following: ‘‘, 
other than as evidence in a criminal proceeding 
or immigration proceeding brought against an 
applicant who attempts to register to vote and 
makes a false declaration under penalty of per-
jury that the applicant meets the eligibility re-
quirements to register to vote in an election for 
Federal office; and’’. 
(i) PRIVATE RIGHT OF ACTION.—Section 11(b)(1) of 
the National Voter Registration Act of 1993 (52 U.S.C. 
20510(b)(1)) is amended by striking ‘‘a violation of this 
Act’’ and inserting ‘‘a violation of this Act, including the 
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act of an election official who registers an applicant to 
vote in an election for Federal office who fails to present 
documentary proof of United States citizenship,’’. 
(j) CRIMINAL PENALTIES.—Section 12(2) of such 
Act (52 U.S.C. 20511(2)) is amended— 
(1) by striking ‘‘or’’ at the end of subparagraph 
(A); 
(2) by redesignating subparagraph (B) as sub-
paragraph (D); and 
(3) by inserting after subparagraph (A) the fol-
lowing new subparagraphs: 
‘‘(B) in the case of an officer or employee 
of the executive branch, providing material as-
sistance to a noncitizen in attempting to reg-
ister to vote or vote in an election for Federal 
office; 
‘‘(C) registering an applicant to vote in an 
election for Federal office who fails to present 
documentary proof of United States citizenship; 
or’’. 
(k) APPLICABILITY OF REQUIREMENTS TO CERTAIN 
STATES.— 
(1) IN GENERAL.—Subsection (c) of section 4 
of the National Voter Registration Act of 1993 (52 
U.S.C. 20503), as redesignated by subsection (b), is 
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amended by striking ‘‘This Act does not apply to a 
State’’ and inserting ‘‘Except with respect to the re-
quirements under subsection (i) and (j) of section 8 
in the case of a State described in paragraph (2), 
this Act does not apply to a State’’. 
(2) PERMITTING STATES TO ADOPT REQUIRE-
MENTS AFTER ENACTMENT.—Section 4 of such Act 
(52 U.S.C. 20503) is amended by adding at the end 
the following new subsection: 
‘‘(d) PERMITTING STATES TO ADOPT CERTAIN RE-
QUIREMENTS AFTER ENACTMENT.—Subsections (i) and 
(j) of section 8 shall not apply to a State described in 
subsection (c)(2) if the State, by law or regulation, adopts 
requirements which are identical to the requirements 
under such subsections not later than 60 days prior to 
the date of the first election for Federal office which is 
held in the State after the date of the enactment of the 
SAVE Act.’’. 
SEC. 3. ELECTION ASSISTANCE COMMISSION GUIDANCE. 
Not later than 10 days after the date of the enact-
ment of this Act, the Election Assistance Commission shall 
adopt and transmit to the chief State election official of 
each State guidance with respect to the implementation 
of the requirements under the National Voter Registration 
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