Senate Republicans have the option to push Democrats into a filibuster regarding voter identification legislation, but it remains uncertain if they intend to take this route to pass the bill.
The election integrity measure, backed by Republicans, would mandate proof of U.S. citizenship for voter registration, both by mail and in-person. It would also require photo ID for federal elections and urge states to confirm citizenship while removing noncitizens from federal voter databases.
Texas Republican Congressman Chip Roy confirmed that the bill is set to be introduced in the House in February. If it passes there, it would be sent to the Senate. However, questions linger about whether Republicans can gather the 60 votes needed to break a filibuster, despite holding majorities in both chambers.
If they lack the required votes and do not secure Democratic support, Republican Senate leaders might resort to one of the Senate’s more traditional methods—the standing filibuster—to advance the bill.
Senator Mike Lee from Utah referred to the Senate procedure as a “zombie filibuster,” suggesting it’s an unusual and challenging situation. In a recent post, he noted that such a filibuster could be both time-consuming and complicated, yet emphasized that some lawmakers might be hesitant to pursue it.
Lee maintained that action on the bill is critical, clarifying that a talking filibuster differs from a legislative filibuster because it doesn’t require altering the 60-vote threshold for legislation or nominations. Thus, he’s “not committed” to changing Senate rules.
In conversation about the process, Lee stated that it’s essential to address what he sees as an underlying issue, adding that lawmakers should take the initiative while also reassuring that it’s not disruptive, illegal, or unprecedented.
The traditional interactive filibuster involves exhausting the opposition through continuous speeches. Each senator is typically limited to a couple of speeches on the same issue per legislative day. By keeping the Senate active and refusing to adjourn, the majority can limit the minority’s chances to reset speech limits.
This method places the onus of maintaining consistent floor attendance and ongoing debate on the minority, which can be both mentally and physically taxing.
Once all speeches are delivered and a quorum is established, the majority can expedite to a simple majority vote, concluding the filibuster without changing any Senate rules.
If Senate Republicans decide to pursue a filibuster, Majority Leader John Thune would need to actively manage the quorum and ensure the enforcement of the “two-speech rule.”
A notable instance of a speech filibuster was by Senator Strom Thurmond, a Democrat from South Carolina, who spoke for over 24 hours against the Civil Rights Act of 1957. Since then, most modern filibusters rely more on the threat of prolonged debate than on extensive speaking.
Critics often argue that federal voter ID laws could lead to federalized elections, which may infringe on state rights. Lee dismissed this notion as a “paranoid fantasy,” emphasizing that it doesn’t represent what the legislation actually entails.
Another concern is that the National Voter Registration Act of 1993 might limit federal citizenship proof requirements. Critics reference a Supreme Court ruling that interpreted the NVRA as preventing states from requiring proof of citizenship when registering voters.
Opponents of the SAVE Act worry that such mandates wouldn’t be enacted through standalone federal legislation but would instead need state-level implementation or amendments to the existing NVRA.
Lee contends that Article I, Section 4 of the Constitution gives Congress the authority to enact the SAVE America Act, especially since federal law currently dictates constraints more than state policies do.
He believes that the Supreme Court’s interpretation of the NVRA limits states’ ability to require citizenship proof for voter registration, even when there are valid reasons to suspect noncitizens might be registered.
Some supporters frame the SAVE America Act not as an expansion of federal power but as a necessary solution to issues created by current federal regulations.
The bill aims to include only U.S. citizens on federal voter rolls and prohibit noncitizens from participating in federal elections. However, it has stalled in the Senate Rules Committee, which Mitch McConnell chairs.
The latest iteration of the bill has garnered the support of former President Donald Trump. He expressed a strong desire to move forward, emphasizing that the issue of voter ID is crucial, particularly with a significant public approval rating across party lines.
Lee recently met with Trump and other Republican senators, indicating that the president is eager to see the bill passed. He suggested that if Republicans pursue a filibuster on this, it might enhance their leverage in negotiations.
Majority Leader Thune has expressed concerns about the potential time commitment for such a filibuster, suggesting it could detract from advancing other measures. Yet, Lee insisted that lawmakers were ready to dedicate additional time to make this happen.
He asserted that even if it meant longer hours and some sacrifices, it’s vital for legislators to seize the opportunity to legislate when both chambers and the presidency align under the same party.
