The U.S. Supreme Court has ruled that states may use the federal SAVE database to verify voter citizenship, reversing lower court decisions ahead of the midterm elections.

79 points•speckx•5 days ago•105 comments•

105 comments

legitster5 days ago
My human summarization of the decision:

- SAVE was a database established in 1986 to determine if immigrants were eligible for federal benefits

- Starting in 2005, some states used it to check their voter registrations

- By executive order, the administration merged it with the SSN database to make bulk searches easier

- Organizations sued, and a lower court said the administration had to hold off on rolling out the changes while the lawsuit was pending. The Supreme Court overruled the stay, saying the lawsuit had not proved enough merit to stop the policy while the lawsuits proceed.

- It is still up to states whether they use SAVE or not. If someone shows up in the SAVE database, the state may ask them to provide proof of citizenship.

The concern here from the dissent is that states are going to purge their voter registrations while awaiting the ruling. But realistically, the states interested in doing this don't have enough time before midterms to do this - as they would have to then process all of the proof-of-citizenship documentation or open themselves up to mass lawsuits.

Update: Per NPR, the SAVE database covers 65 million voters in 26 states, of which 28,635 have been flagged as "potential noncitizens". https://www.opb.org/article/2026/09/25/the-supreme-court-rev...

In Texas, using this dataset, they were only able to bring forward 117 cases of fraudulent voting.

malfist5 days ago
> But realistically, the states interested in doing this don't have enough time before midterms to do this - as they would have to then process all of the proof-of-citizenship documentation or open themselves up to mass lawsuits

Except we've seen this before. States purge roles, judge orders them to restore it, oopsie we can't do that before an election, judge permits it to continue until after the election. We've seen this with voter roll purges, gerrymandering, etc. Surprisingly it only seems like one party does this, the party that supposedly supports democracy.

therealpygon5 days ago
Does one of them not supposedly support democracy?
ok_dad5 days ago
Yea but those mass lawsuits won't happen or matter until after midterms at this point, so even if they did illegal stuff in the end the votes will have been suppressed successfully. In a war, if you do a war crime, the dead are still dead even if the person who committed the war crime is accountable later. In politics, if they do a criminal act like this, they win an election and never have to account for their actions, because their side won and won't call them to account.
physicallyIllfr5 days ago
Yeah its part corruption and the weaponized taboo of second guessing election results.

I'm convinced that even if there were large scale concerns about the legitimacy elections in the USA, they would quitely be puy to rest because God forbid we ever reckon with the fact yhat the USA might not be a perfect democracy, cant taint the image.

Anyone looking to tamper with elections now knows they can just equivalate anyone who challenges them with Jan 6ers types.

Tbf, democracy in this country is fundamentally broken when you have 4 companies that control the media and have a ton of control over how people see the world.

cosmicgadget5 days ago
As I understand it, one of the main disenfranchisement tactics is to challenge ballots already cast. It's potentially very effective because the voter must see that their vote was challenged and then proactively contest it.

Does the decision make this easier?

legitster5 days ago
Based on this NPR article, there are only about 28k voters nationwide on the "potentially fraudulent" list. And when Texas tried pursing theirs, they only ended up being able to act on ~100 of them.

Realistically, the rate of fraud nationwide is actually really low and this database would just a waste of time for the states that pursue it. But by holding it off the courts would be doing more to cover the administration (by giving them a plausible excuse) than letting it proceed.

jandrewrogers5 days ago
Challenging cast ballots is non-scalable because it requires a lot of formal judicial process separately for each ballot challenged. Realistically a State could go after less than a thousand.

Even if you know with high certainty that a million ballots are fraudulent it is effectively impossible to challenge them because the judicial capacity required to do so doesn't remotely exist. There are adversarial scenarios where someone dumps vast numbers of fraudulent ballots and those ballots cannot be contested.

State legislatures have historically been empowered to vote in place of the people if the vote becomes infeasible or unreliable. People voting in Federal elections is largely a 20th century invention; the old methods are still available.

pstuart5 days ago
Every "concern" raised by the Trump administration is cover for voter disenfranchisement. Period.

Voter fraud is incredibly rare, but I have a gut feeling that electoral fraud has happened and will continue to get worse, courtesy of the same administration.

It must be remembered that every accusation from them is a confession.

For the acolytes that down vote me, at least make your case on where and why I am wrong. My comment is as a citizen, not as a partisan.

skinfaxi5 days ago
Didn't it recently come to light of NJ registering thousands of non-citizens to vote?
genxy5 days ago
Who is the editor on this article? Why would they expect the reader to know what the SAVE database is and what its original purpose was for?

https://en.wikipedia.org/wiki/Systematic_Alien_Verification_...

> Systematic Alien Verification for Entitlements (SAVE) is a program managed by United States Citizenship and Immigration Services (USCIS), a branch of the US Department of Homeland Security (DHS). SAVE was created in 1986 and facilitates lookups on the immigration and nationality status of individuals in the United States.

The wikipedia article is written ambiguously, or they bury the actual purpose of the SAVE database

> a system for verifying the immigration status of non-citizen applicants applying for (medicad, food stamps, unemployment, student loans and housing assistance)

It wasn't designed to be a citizenship database.

https://apnews.com/article/save-database-noncitizen-voters-t...

https://www.cbsnews.com/news/supreme-court-trump-save-system...

gruez5 days ago
>> a system for verifying the immigration status of non-citizen applicants applying for (medicad, food stamps, unemployment, student loans and housing assistance)

>It wasn't designed to be a citizenship database.

How's the database used? From what I can tell it's a database of non-citizens that claimed benefits, so using it as a blacklist against voter rolls seems... fine? Even if the original premise of "there's hoards illegal immigrants voting" is questionable.

legitster5 days ago
> It wasn't designed to be a citizenship database.

Constitutionally, states cannot deny citizens the right to vote. So even if they use SAVE to "flag" potential voters, they are still going to have to provide people a way to provide proof of citizenship.

krapp5 days ago
>Constitutionally, states cannot deny citizens the right to vote.

Yes they can. States can deny citizens the right to vote for "participation in rebellion, or other crime", as per the 14th Amendment and felons are often denied the right to vote. They can't do so on the basis of "race, color or former servitude" (15th Amendment) and probably not any other protected class reason (sex, religion, ethnicity) but that implicitly gives states the right to do so for any other reason.

jjk1665 days ago
But certain groups are probably more likely than others to need to worry about having to prove their citizenship. You don't need to make it impossible for people to vote, you just need to create enough friction that some of them won't who otherwise would.
what5 days ago
> Constitutionally, states cannot deny citizens the right to vote

You sure?

Citizens currently serving a prison term for the conviction of a felony cannot vote.

Citizens found mentally incompetent by a court cannot vote.

jimt12345 days ago
In my life I have known dozens (maybe hundreds?) of so-called illegal aliens. They all tell the same story: they came to the US to earn money to support their families. I have NEVER heard someone tell me they came to the US to vote, or they intend to vote, or they even know what voting is. So, this idea that millions of illegals are voting just doesn't align with my reality, and honestly, I don't think it aligns with any reality.

The only case I've heard of a so-called illegal alien voting was, I believe, from the 2020 election, some girl from Texas, who was brought over from Mexico when she was a baby. I believe she was in her early-30s or late-20s, spent her entire life in the US, educated and worked as a nurse. However, her US citizenship was never finalized, and she didn't realize it. She just assumed she was a citizen since she spent her entire life in the US. So, if this is what we're spending countless tax dollars to detect and prevent, well, that's just ridiculous. That money should be spent identifying people like her, and fast-tracking their citizenship.

pstuart5 days ago
It's not a real issue but it has the base riled up. A MAGA acquaintance told me he was a "single issue voter" based on that fear. I think he phrased it that way to sound principled but the very aspect of being a "single issue voter" shows a lack of understanding of the full impact of that vote.

What the Right has done is take the fact that there are some communities (in liberal areas) that have allowed non-citizens to vote in community issues, which is not entirely unreasonable. They then mash up that "fact" and trumpet it as an attack on our system by "illegals".

Their dishonesty knows no bounds.

PorciiVorbesc5 days ago
> so-called illegal aliens

What's "so-called illegal aliens" mean in this context? Are they illegal aliens or are they not? Where does the ambiguity of legality come from?

goatlover5 days ago
Undocumented is the much broader term which doesn't carry the negative connotation that somebody living here is an "alien". They may have come here illegally, or their status may be in limbo, they could be a refugee seeking asylum, they could have overstayed their visa, they could be waiting on a ruling from an immigration court, or waiting to appear in court.

The administration could have decided to revoke their status. A judge could have put a stay in place because deportation would mean returning them to a dangerous situation. See the Abrego Garcia case. Some don't even know their status since their parents brought them here at a young age.

So you see it's not as simple as branding everyone an "illegal alien". That's political propaganda at work.

mmustapic5 days ago
The money is being spent because Trump cannot admit that he lost at something. He knows his approval is extremely low, so he prefers chaos and say “they cheated, I didn’t lose”
jimt12345 days ago
Heads, I win. Tails, they cheated.
kccqzy5 days ago
Wow I haven’t heard of the SAVE database at all before today, despite knowing about e-verify and SEVIS and similar programs. Reading Wikipedia there’s also VIS and PCQS, two more systems I haven’t heard of. It seems that the country’s distaste for a national ID not only forces each state to issue IDs but also the federal government to create a patchwork of slightly different ID programs.
jandrewrogers5 days ago
> the country’s distaste for a national ID

The main issue is not distaste per se, though there are bi-partisan factions that oppose a national ID.

The Supreme Court has consistently asserted that a mandatory Federal ID is unconstitutional because that is a power reserved for the individual States. It is the same reason everyone has a Social Security card but they are explicitly not to be used as an ID. Every time Congress has tried to constructively invent a loophole to work around this prohibition the Supreme Court disallowed it.

The US government can issue IDs. Many people have multiple Federal IDs. The US government just can't make everyone have one or use them. It is what it is.

goatlover5 days ago
Why do the courts even entertain this administration's requests when Trump has made it clear he wants to unconstitutionally take some form of control over state elections because he doesn't want Democrats to retake control of Congress?

The only conclusion seems to be that conservative majorities on SCOTUS and the Eighth Circuit want this to happen as part of their unitary executive theory.

An even more cynical conclusion is that they want the next two elections to be tampered with in favor of the Republican Party, so they remainin in control of the Federal government.

legitster5 days ago
I know people are generally really cynical of SCOTUS these days (with some warrant), but SCOTUS is at least supposed to be neutral towards the other branches. Their job is to interpret the law, not pick and choose favorites.

In this case, I think they are not completely unreasonable. This specific move is one of the things the executive branch has been allowed to do, by previous legislators who gave it this power.

cosmicgadget5 days ago
> it's my wife's fault we raised the flag upside down on January 6

Yeah, there's quite a lot of reason to believe SCOTUS is political. I think the simplest one: the conservative justices lied and/or told half-truths about their views on Roe v Wade. Under oath. The ones who lied are liars. The ones who dodged the question are politicians.

sejje5 days ago
Do you mean that foreign nationals voting in American elections is what Democrats need to retake control of Congress?

Which is the unconstitutional part?

coin5 days ago
The States decide who they send to Congress to represent them. The Federal government has no right to interfere in how the States makes this determination.

> Do you mean that foreign nationals voting in American elections

In minuscule insignificant amounts. See The Heritage Foundation's own findings.

goatlover5 days ago
I'm not aware of foreign nations voting in US elections. That's up to the states to prevent as is their Constitutional duty. But no, Democrats are doing quite well in the polls, and have performed well in special elections with large turnouts in primaries.
cosmicgadget5 days ago
What a crazy thing to commit a felony for. Almost beyond belief.
tasty_freeze5 days ago
The Supreme Court ruled that it is 100% constitutional for states to disenfranchise voters based on party affiliation. I am not constitutional expert so I'll take them at their word that this is indeed the case.

So you'd expect that there would be a bipartisan movement to fix this by making a constitutional amendment to establish it as a right. We're a democracy after all. Despite the cries that "both sides do it" one side would fight tooth and nail to block any such effort, and I'm disappointed that the other side has given up and isn't willing to fight tooth and nail to promote the issue.

Yes, it is a tricky issue to make rules that guarantee fairness in elections and there are people who spend their lives figuring out ways to undermine democracy. But certainly we can put in some legal boundaries that make things limit the worse abuses.

anigbrowl5 days ago
No it didn't. Is this some interpretation of yours based on a decision about gerrymandering maybe? I suggest you try again without treating your inferences as shared facts.
pocksuppet5 days ago
Stop calling it a theory. It's an excuse.

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