Senate Majority Leader John Thune (R-SD) has suggested that Republicans may have found a strategy to advance the SAVE America Act, a key legislative priority for former President Donald Trump. The proposed path involves utilizing the budget reconciliation process, a maneuver previously employed to pass legislation that does not require bipartisan support.
Thune speculated in an interview with The Post that the breakthrough discussed between the late Senator Lindsey Graham and President Trump involved exploring reconciliation as an option for the SAVE America Act. "Perhaps what Lindsey was talking to the president about — I don’t know this for a fact — [was] whether or not there was an option for reconciliation, and there is a way in which I think you could [do that]," Thune stated.
The SAVE America Act aims to implement election reforms, including requiring proof of citizenship to vote. Republicans have previously faced Democratic filibusters in their attempts to pass the legislation through regular Senate procedure, which requires 60 votes to overcome.
Thune acknowledged that Republicans do not currently possess the necessary votes to overcome a filibuster and that securing Democratic support is unlikely. The reconciliation process, however, allows legislation to pass with a simple majority in the Senate, but it is typically reserved for measures that directly impact the federal budget.
Budget Reconciliation as a Legislative Tool
Historically, Republicans have used budget reconciliation to bypass the filibuster for legislation such as the "One Big Beautiful Bill Act." While some have questioned whether the SAVE America Act fits the budgetary requirements for reconciliation, Thune suggested that structuring the legislation carefully could make it viable.
"It’s got to be principally budgetary, not policy-oriented. And if the budgetary impact is incidental to the policy impact, then you know it’s usually ruled a violation," Thune explained, referencing the role of the Senate Parliamentarian. "I’m not denying there’s some level of subjectivity."
One potential approach discussed is to incentivize states to implement photo identification requirements for voting through financial grants, a concept that could be framed as a budgetary measure. "Figuring out a way to incentivize states to pass or to implement photo ID in their states through financial incentives is something that’s been talked about as a possible reconciliation option," Thune added. "How you design or structure it matters a lot."
Senator Graham, as the former chair of the Senate Budget Committee, was deeply involved in discussions surrounding reconciliation.
Legislative Context for the SAVE America Act
The need for such legislation has been underscored by past legal challenges. In 2013, the Supreme Court rejected an attempt by Arizona to mandate proof of citizenship for voting, ruling that states could not alter the national voter registration form independently. The Supreme Court is slated to review another similar effort by Arizona in its upcoming term.
Recently, the House Budget Committee introduced a budget resolution that could unlock the reconciliation process. This $95 billion blueprint includes allocations for defense, intelligence, farm aid, and grants intended to advance elements of the SAVE America Act. This initiative has been referred to as "reconciliation 3.0" but faces potential skepticism from fiscal conservatives within the Republican party.
Thune expressed his commitment to passing the SAVE America Act, stating, "I want to get it done."