Our Republican Legacy (ORL) Statement Opposing the SAVE America Act as Unnecessary to Safeguard Elections

The Issue. Every U.S. citizen who votes should agree with President Donald Trump’s statement that we cannot allow cheating in any of our elections. Our Republican Legacy (ORL) fully agrees with the President on this fundamental expectation for our elections.

But there is no widespread, nationwide election fraud as the President repeatedly asserts. Immigrants who are not U.S. citizens cannot vote in U.S. elections as the President routinely alleges incorrectly. His statements are false and should not be believed as factual. Instances of non-citizens voting are the exception to the rule, miniscule in number, and usually identified and prosecuted by local officials under current state law.

Election studies by both conservative and liberal think tank experts confirm that there is no widespread, nationwide election fraud. Therefore, there is no statistically meaningful, factual premise or justification for passing new federal legislation to govern state elections. The Constitution in Article 1, Section 4, Clause 1 – the elections clause – gives states the primary authority to govern our elections, reserving the right for Congress to pass federal laws related to elections when necessary and in the national interest. There is no valid case today that can be made to justify further federal intervention in state elections. An earlier version of this legislation passed the House of Representatives last year by a narrow vote, but failed to be considered by the Senate.

If there is no massive election fraud, certainly none that could alter the outcome of a presidential or state-wide election, then there is no need for new federal election laws such as the pending SAVE America Act, which could have a chilling effect on both new voter registration and ultimate voter turnout and, therefore, the outcome of local and state elections in November. As a time when there is growing concern about voter suppression and denying legitimate voters their right to vote by the current administration and elected Republicans in power, every effort should be made by legislators, election officials, and concerned citizen groups – regardless of party affiliation –  to expand voter rolls to all eligible U.S. citizens and encourage widespread voter turnout so they can freely exercise their Constitutional right to vote in free, fair, and secure elections.

ORL policy position. Our Republican Legacy’s foundational principle is respect for the Constitution, the Rule of Law, and all the guardrails that exist in law to protect our rights and freedoms. This means we support state primacy in our elections, subject to Congressional intervention only when absolutely necessary and justified as was the case with civil rights and nondiscrimination in voting in the 1950s and 1960s.

Consistent with the Constitution’s 10^th Amendment, ORL supports states determining the requirements for proof of voter registration, including birth certificates when necessary. We support every state’s right to determine the method of voting to produce free, fair, and secure elections including the right of states to use mail-in voting procedures under the terms and conditions they establish for their respective state.

ORL recommended actions.Our Republican Legacy recommends Congress reject the SAVE America Act in its current form because it is based on a false predicate, is unnecessary, and consequently could have severe and negative unintended consequences on future voter registration and turnout in the midterm elections. We support the primary role of states to determine their own election laws to ensure free, fair, and secure elections in their respective states as they have historically with minimum federal intervention only when there is a strong case to do so. There is no such case for federal intervention that can be made today, notwithstanding the false assertions of election fraud and immigrant voting by the President and his allies.