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The party is taking no chances on the upcoming plebiscite and has hatched a plan to rig all future federal elections with the goal of transforming the United States into a one-party state.
If you’re counting on the 2026 midterm elections to wrest control of U.S. Congress from the GOP, be forewarned.
The party is taking no chances on the upcoming plebiscite and has hatched a plan to rig all future federal elections with the goal of transforming the United States into a one-party state.
At the center of the plan is the Safeguard American Voter Eligibility Act, passed on April 10 by the House and pending before the Senate, and an executive order issued by President Donald Trump on March 25 with the Orwellian title of “Preserving and Protecting the Integrity of American Elections.” And looming in the background, with the final word on either measure’s constitutionality, is the Supreme Court, packed with three Trump appointees and holding a long and sorry record of hostility to voting rights.
All of this is happening step by step, setting the stage for what could turn out to be the final chapter for American democracy.
The SAVE Act would require all Americans to provide a birth certificate, passport, or some other documentary proof of citizenship in person every time they register or re-register to vote; require each state to take affirmative steps on an ongoing basis to ensure that only U.S. citizens are registered to vote; and remove noncitizens from their official voter lists. It would also create a private right of action, after the fashion of the Texas anti-abortion law, to allow disgruntled individuals to sue election officials who register voters without obtaining proof of citizenship and establish criminal penalties of up to five years in prison for election officials who violate the act.
Trump’s executive order is no less extreme. Among its directives is a mandate for the Election Assistance Commission, an independent nonpartisan agency created by Congress, to require voters to submit documentary proof of their citizenship when using national voter registration forms. It would also stop states from counting mailed-in ballots votes that are sent in by Election Day but are delivered afterward, require recertification of all state voting systems to meet new security standards set by the EAC, and halt election assistance funding to states that do not comply with the terms of the order within 180 days. Perhaps most alarming, the order would allow the Department of Government Efficiency and the Department of Homeland Security to subpoena state records and use federal databases to review state voter registration lists.
There is some good news amid the darkness. On April 24, federal district court Judge Colleen Kollar-Kotelly, a Clinton appointee who sits in Washington, D.C., issued a 120-page opinion and preliminary injunction, blocking the EAC from adding documentary proof of citizenship to the national voter registration form. “Our Constitution entrusts Congress and the states—not the president—with the authority to regulate federal elections,” Kollar-Kotelly wrote, holding that Trump’s order violated the separation of powers and referring to Article I, Section 4, Clause 1 of the Constitution, which states:
The Times, Places, and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing [original text] Senators.
But while voting-rights groups have praised Kollar-Kotelly’s opinion, the judge left the rest of the executive order in place. More concerning, the ruling did nothing to derail the SAVE Act. As the judge noted, “Consistent with [the separation of powers doctrine], Congress is currently debating legislation that would effect many of the changes the president purports to order.”
The dangers posed by the SAVE Act cannot be understated. According to a survey conducted by the Brennan Center and affiliated organizations, more than 9% of American voting-age citizens, or 21.3 million people, don’t have a passport, birth certificate, naturalization papers, or other proof of citizenship readily available. “Voters of color, voters who change their names (most notably, married women), and younger voters would be most significantly affected,” the Brennan Center has warned.
In an article posted after the House approved the act, Democracy Docket, the digital election news platform founded by attorney Marc Elias, featured the views of a group of distinguished historians and voting experts on the act.
“There’s never been an attack on voting rights out of Congress like this,” Alexander Keyssar, a professor of history and social policy at the Harvard Kennedy School, told the Docket. “It’s always been the federal government trying to keep states in check on voting rights, for the most part.”
“Congress has never passed a voter-suppression law like this before,” Sean Morales-Doyle, the director of the Brennan Center’s voting-rights program, said. “When it has exercised its power to regulate federal elections, Congress has usually done so to protect the freedom to vote. If this becomes law, it will be a new low for Congress.”
Princeton professor Sean Wilentz also weighed in with a dire assessment. “It’s the most extraordinary attack on voting rights in American history,” Wilentz said, characterizing the act as “the latest attempt to gut voting-rights advances that were made in the 1960s,” one more dangerous than the Jim Crow-era laws used in the South, because it is national in scope. “This is an attempt to destroy American democracy as we know it.”
All eyes now turn to the Senate, where Democrats have the power to filibuster the SAVE Act to prevent its passage unless 60 members vote to invoke cloture. Thus far, the Democrats seem to be holding the line, even in the face of persistent propaganda spewed by Trump, Elon Musk, and other Republicans that election fraud is rampant and that Democrats are “importing [undocumented] voters” to swing elections. In truth, of course, election fraud in the U.S. is miniscule, with some long-range state-by-state studies finding it occurs at rates between 0.0003% and 0.0025% of total votes cast.
Should any part of the SAVE Act pass and be signed into law, it will likely come before the Supreme Court, where its fate may turn on Chief Justice John Roberts, who along with Amy Coney Barrett, sometimes aligns with the panel’s liberals in big cases.
Roberts, however, has a long history of undermining voting rights that stretches back to his stint as a young lawyer in the Reagan administration and his role as a behind-the-scenes GOP consultant, lawsuit editor and prep coach for oral arguments before the Supreme Court in the run-up to Bush v. Gore, the case that decided the 2000 presidential election.
In 2013, as chief justice, he composed the disastrous majority opinion in Shelby County v. Holder, which gutted the Voting Rights Act. In 2019, he continued his anti-voting-rights crusade, writing the majority opinion Rucho v. Common Cause, which removed the issue of political gerrymandering (the practice of designing voting maps to benefit the party in power) from the jurisdiction of federal courts. And in 2021, he joined a 5-to-4 majority ruling penned by Justice Samuel Alito that upheld Arizona laws prohibiting out-of-precinct voting and criminalizing the collection of mail-in ballots by third parties.
In the meantime, hundreds of lawyers have resigned from the Justice Department, repelled by Trump’s reactionary policies. As The New York Times has reported, the exodus has been especially felt hard at the department’s civil rights division, whose mission Trump has transformed from one of opposing voter suppression to stamping out phony claims of rampant election fraud.
All of this is happening step by step, setting the stage for what could turn out to be the final chapter for American democracy. Not only is it not too early to start thinking about the midterms, it may already be too late.
"Congressional Republicans' anti-voting legislation is a power grab to silence the voices of American citizens—full stop," said one advocate.
The U.S. House's passage of a bill on Thursday that would require Americans to prove their citizenship with documentation when they register to vote was the Republican Party's response to the fact, said one progressive critic, that "every day more people are catching on to their big grift."
"H.R. 22 is how they plan to keep themselves in power," said Maurice Mitchell, national director of the Working Families Party, of the so-called Safeguard American Voter Eligibility (SAVE) Act. "Not by making life easier for working people, but by making voting harder."
The bill, proposed by Rep. Chip Roy (R-Texas), would require all Americans to present a passport or an original copy of their birth certificate in person when they register to vote and update their voter registration—purporting to combat what Republicans have falsely claimed is a "problem that affects voters in nearly all 50 states": that of noncitizens voting in federal elections.
With noncitizens already barred from voting in federal elections, numerous analyses have found that very few ballots have ever been cast by people who aren't U.S. citizens. The Brennan Center for Justice found that noncitizens were suspected of casting just 30 votes out of 23.5 million in 2016—or 0.0001% of all votes cast.
But the Brennan Center was among many rights advocacy groups warning Thursday that more than 21 million Americans don't have easy access to their birth certificates or a passport, and could be disenfranchised by the SAVE Act.
"The House has just passed one of the worst pieces of voting legislation in American history," said Michael Waldman, the group's president and CEO. "The Senate must stop it. The SAVE Act would put voting out of reach for millions of American citizens. It should not become law."
According to Public Citizen, the SAVE Act has the potential to stop tens of millions of Americans from voting.
About 146 million citizens don't have a passport—nearly as many as the 153 million people who voted in the 2014 presidential election, Public Citizen noted.
The bill could also disenfranchise up to 69 million women and 4 million men who have changed their names after marrying, as they wouldn't be able to use their birth certificates showing their names at birth to prove their citizenship.
Voters in states including West Virginia, Mississippi, Alabama, Arkansas, Kentucky, Louisiana, and Oklahoma, where less than one-third of citizens have a valid passport, could be most impacted by the SAVE Act's requirements.
"The SAVE Act is an assault on a fundamental American freedom—our ability to vote," said Gilbert. "A set of eligible voters who were able to participate in past elections—some who have been registered for decades—will now be unable to cast their ballots."
Along with making voting harder for people in rural areas, naturalized citizens, low-income voters, Native Americans, first-time voters, and people of color—many of whom lack easy access to citizenship documents—the SAVE Act would end voter registration drives, upend online voter registration systems that are used in 42 states, and make it harder for voters to register by mail. States would also be required to establish programs to purge existing voter rolls.
President Donald Trump and the Republicans, said Mitchell, "want to weaken the opposition to their pro-billionaire agenda, even if that means taking away our freedom to vote. But we refuse to be silenced, and we will do everything in our power to stop their shameless power grab."
Four Democratic House members—Reps. Jared Golden (D-Maine), Marie Gluesenkamp Perez (D-Wash.), Henry Cuellar (D-Texas), and Ed Case (D-Hawaii)—joined the Republicans in supporting the legislation.
Common Cause denounced the four Democrats for their vote "to suppress the vote of millions of Americans."
Common Cause president and CEO Virginia Kase Solomón said the SAVE Act should be called "what it is: a modern-day poll tax."
"If this bill becomes law, millions of hardworking Americans will have to either shell out money getting the right papers to prove their citizenship or have no say in the next election for Congress and president," said Kase Solomón.
The point of the bill, she said, is "to make it so difficult to vote that many people will give up on voting all together."
In the Senate, Sen. Mike Lee (R-Utah) introduced a companion bill earlier this year. The GOP, which holds 53 Senate seats while the Democrats hold 47, would need Democrats to join them to overcome the 60-vote filibuster threshold in order to pass the bill.
"Every U.S. senator who cares about protecting our right to the ballot must vote down this poll tax in any form," said Kase Solomón. "Common Cause and our 1.5 million members will make sure every senator hears from the people that this bill is dead on arrival."
Tony Carrk, executive director of the government watchdog group Accountable.US, said the SAVE Act also "paves the way to toss out legal votes and undermine election results that [the Republicans] don't like."
"Congressional Republicans' anti-voting legislation is a power grab to silence the voices of American citizens—full stop," said Carrk. “Donald Trump, Elon Musk, and their allies in Congress are attacking voting by threatening Americans' ability to vote by mail, allowing Musk's [Department of Government Efficiency] to access sensitive personal information, and kneecapping states' ability to run free and fair elections."
"It should send a chill down the spine of every American," he said.
If the present strategy of voter suppression by the Republican Party is not stopped, the results of the midterms in two years and the 2028 presidential election are already decided.
The past few weeks have seen a deluge of devastation from the second Trump administration, which in less than a month has broken many democratic norms and customs and even ignored the Constitution in several ways.
During these head-spinning times, it's more vital than ever to zero in on the threats to our democracy. Today, one of the worst challenges we're up against is increasingly widespread voter suppression—a peril accelerating under President. Donald Trump and easy to lose sight of amid the chaos.
As we write, Congress is trying to pass the SAVE Act, which would require all citizens to produce a document such as a passport or birth certificate when they register to vote. It would apply even when they re-register after a move or, as many do, between elections. This new and unprecedented national requirement would severely limit online, mail-in, and automatic registration and has the potential to block millions of eligible Americans from casting ballots.
Universal suffrage is the heart of democracy but deeply threatened today.
The now almost-official Trump doctrine, Project 2025, also promises potentially disastrous consequences related to suffrage. The Department of Justice's Criminal Division would become responsible for investigating voting offenses, likely leading to bogus prosecutions of voters and election officials. The government would also gain access to voter lists that could facilitate purges of minority voters. Project 2025 also proposes restricting or abolishing programs that encourage voter registration.
We need to acutely oppose these potential dangers. To do that, it's helpful to understand the history of suffrage in our country.
America began its democratic experiment in the 1700s with a small demographic of eligible voters: white, male landowners. Voting rights were not directly in the text of the Constitution, but instead left to the states to decide.
While Americans no doubt rightly lament that voting was so restricted, it's worth recognizing that the very idea of suffrage was an audacious departure in and of itself—a profoundly progressive advancement that pivoted away from predatory monarchy with aristocracy that dominated the European continent. Indeed, some of the Founders expressed remarkably enlightened views on voting. Thomas Jefferson wrote in 1776 that "the influence over government must be shared among all the people."
Even though our democracy was—and still is—deeply flawed, suffrage has always been its bedrock. Throughout our history advocates have fought to expand and enshrine suffrage, and today most state constitutions protect the right to vote. After the Civil War, several constitutional amendments codified and extended voting rights and since then legislation, such as the 1965 Voting Rights Act, has added further protections.
Sadly, however, voices from our country's Founders ring hollow when looking at our recent presidential election, which saw unprecedented organized voter suppression by the Republican Party.
Consider a report released this month by Greg Palast, acclaimed investigative reporter, forensic economist, and statistician. Using data from the U.S. Elections Assistance Commission, he found that voter suppression led to 14.1 million voters being deemed ineligible or having their ballots disqualified. Note that Trump won by a margin of only 2 million votes.
Almost 5 million voters were purged from voter rolls without credible evidence, and another 2 million mail-in ballots were disqualified for minor clerical errors, e.g. postage due. Almost another 800,000 ballots were disqualified or rejected for other, non-credible reasons, and over 3.24 million new registrations were rejected without credible evidence.
Palast points out that historically organized voter suppression was overwhelmingly directed at Black and Latino voters such as Jim Crow Era literacy tests and poll taxes.
How did we get here?
In 2013, the U.S. Supreme Court changed course from its history of protecting voter rights when it debilitated the Voting Rights Act of 1965, removing the requirement that jurisdictions with histories of racial discrimination obtain federal approval for new voting procedures. The result is a pernicious plethora of conservative state laws undermining or restricting voters.
A 2024 Brennan Center for Justice report found voter suppression has dramatically increased in the last 20 years. Many conservative states created obstacles by imposing unreasonable voter ID laws, and decreasing early voting times.
Unsurprisingly, voter suppression laws disproportionately impact communities of Black and Latino voters. For example, a 2022 Washington state audit reported that Black voters were 400% more likely than white voters to have their mail-in ballot rejected.
Universal suffrage is the heart of democracy but deeply threatened today.
What then is to be done to end this scourge of voter suppression by Mr. Trump's neofascist's advocates? Amid the chaos of the first hundred days of the second Trump administration, let us focus on defending these rights. If the present strategy of voter suppression by the Republican Party is not stopped, the results of the midterms in two years and the 2028 presidential election are already decided.
We are heading down a dark path reminiscent of a troublesome past. But we can be motivated by really great successes made possible by people's movements: The right of Blacks to vote was driven by inspiring and hard-won action, and women's suffrage struggles were also achieved through grassroots organizing.
The time is now. It will take all of us, joining in mass demonstrations and pushing our elected leaders to withstand the pressure and do everything in their power to block legislation and eliminate existing voter suppression regulation when—and wherever possible—before it's too late.