Authored by MARY CLARE JALONICK
WASHINGTON (AP) — Legislation proposed in an election year to enforce stringent new proof-of-citizenship requirements for voting is currently at a standstill in the Senate. Despite President Donald Trump’s urging in his State of the Union address for Republicans in Congress to prioritize the bill, it appears to have hit a roadblock.
Trump’s push for the bill, supported by House conservatives and his most devoted followers ahead of the midterms, has placed Senate Majority Leader John Thune in a challenging position as he grapples with efforts to bypass standard Senate protocol. Thune has expressed his backing for the legislation but has indicated that the GOP conference is still deliberating on the best approach for its passage.
“Senate Republicans are not in agreement on a strategy,” Thune remarked following Trump’s speech.
To overcome Democratic resistance, Trump and others have advocated for a “talking filibuster,” a tactic that would necessitate senators speaking at length to obstruct the legislation, a departure from the current practice of voting to end debate. This shift would require a 60-vote threshold in the Senate, where Republicans hold a 53-47 majority.
Implementing a talkathon does not mandate rule changes; it simply requires keeping the Senate open and compelling Democrats to deliver speeches to delay consideration of the bill. However, Thune must secure adequate support from his caucus to proceed with this strategy, and he acknowledged that they have not reached consensus yet.
The tension surrounding the bill has placed Thune in a delicate position with Trump and many of his constituents who argue that the legislation is crucial for a Republican triumph in the midterms. Trump has made it clear that he will hold Democrats, and potentially Thune, responsible if the GOP loses its congressional majority in November — despite Republicans securing control of Congress and the White House in 2024 without such requirements.
Democrats are against the bill because, according to Trump’s speech on Tuesday, “they want to cheat.”
“We must prevent it, John,” Trump emphasized, addressing Thune directly.
Complex and Risky Maneuver
Advocates of the talking filibuster, including Utah Sen. Mike Lee, believe it could facilitate the passage of the legislation — known as the Safeguard American Voter Eligibility (SAVE America) Act — without Democratic support. However, this tactic could potentially complicate matters for Republicans.
Under a talking filibuster, Democrats would be required to continuously speak on the Senate floor to impede the bill’s progress. Each senator is limited to two speeches on a specific piece of legislation, with the expectation that Democrats would eventually exhaust their speeches or resign due to fatigue, enabling Republicans to proceed with a simple majority vote.
“We cannot advance the SAVE America Act without compelling filibustering senators to speak,” Lee stated on social media. “While this may be time-consuming and demanding, it is essential that we make the effort.”
The actual scenario on the Senate floor could prove more intricate. Democrats could introduce procedural hurdles, such as resetting the speech clock if sufficient Republicans are not present. This necessitates nearly all 53 Republicans to remain in close proximity to the Senate during the filibuster, while only one Democrat would need to continue speaking. Given the 47 Democratic senators, the process could extend for weeks.
Even if Republicans overcome the initial filibuster, Democrats could propose an unlimited number of amendments on various topics, compelling Republicans to take challenging votes in an election year and potentially incorporating their own priorities into the legislation with bipartisan backing. Each amendment would trigger a new round of speeches.
“We would need 50 votes to defeat every amendment,” Thune noted. “And we are not currently at that stage.”
Republican Concerns
During recent discussions within his conference, Thune has encountered reservations from some Republicans about potential rule changes that could precipitate a Senate decision to weaken the legislative filibuster.
Although the 60-vote threshold for ending debate on legislation has been reduced for presidential and judicial nominations, most Senate Republicans have expressed reluctance to lower it further.
“I support the SAVE Act,” stated Sen. Thom Tillis of North Carolina after Trump’s speech. “But I am not willing to eliminate the filibuster.”
Sen. John Curtis, R-Utah, emphasized that “the means do not justify the end — it’s about dismantling the filibuster.”
Other Republican lawmakers could impede the process as well. Sen. Lisa Murkowski of Alaska has voiced opposition to the SAVE Act, and Sen. Mitch McConnell of Kentucky, the former GOP majority leader, has previously opposed similar legislation.
Proponents of the maneuver among GOP senators acknowledged the challenges associated with the talking filibuster approach.
“We would require unwavering commitment from nearly all our members,” explained Sen. Eric Schmitt of Missouri, a supporter.
Sen. Rick Scott, R-Fla., deemed it “challenging but achievable.”
Republican Electoral Strategy
The proposed voting legislation would mandate Americans to verify their citizenship when registering to vote, primarily through a valid U.S. passport or birth certificate. Additionally, it would require a valid photo ID before individuals can cast their ballots, a requirement already in place in some states. The bill was passed by the House earlier this month with a mostly partisan vote of 218-213.
While Republicans argue that the legislation is essential to combat voter fraud, Democrats caution that it could disenfranchise millions of Americans by increasing voting barriers. Experts warn that over 20 million U.S. citizens of voting age lack readily available citizenship proof, and nearly half of Americans do not possess a U.S. passport. Critics also highlight potential election chaos and voter confusion resulting from the bill’s immediate implementation.
Existing federal law mandates that voters in national elections be U.S. citizens, but there is no requirement to provide documentary evidence during registration, although individuals affirm their eligibility under oath, risking prosecution if they are found ineligible.
Experts note that voter fraud is exceedingly rare, with very few noncitizens slipping through the cracks. Approximately one in ten Americans lack easily accessible documentation proving citizenship.
The legislation would also necessitate states to share voter information with the Department of Homeland Security to verify voter roll citizenship, a provision that has drawn criticism from election officials as potentially intrusive on individuals’ privacy.
Trump hailed the bill in his Tuesday speech as “vital for the country.”
Echoing his unfounded claims of voter fraud following his defeat in the 2020 election, Trump asserted that Democrats “want to cheat, they have cheated, and their policies are so flawed that the only way they can win is by cheating.”
Contributions to this report by Associated Press writers Lisa Mascaro and Matt Brown in Washington.
