Rep. Chip Roy, R-Texas, wrote U.S. senators to insist Majority Leader John Thune, R-S.D., can bring the SAVE America Act to a floor vote without abolishing the filibuster.
In a letter sent Monday to senators and obtained by The Federalist, Roy laid out what he described as a straightforward way to force Senate action on the Safeguarding American Voter Eligibility (SAVE) America Act under existing Senate rules.
The SAVE America Act would require documentary proof of U.S. citizenship to register to vote in federal elections and require voter identification to cast a ballot.
The legislation passed the House 218-213, with one Democrat, Texas Rep. Henry Cuellar, voting with Republicans.
But despite broad GOP support, the bill has stalled in the Senate.
Roy noted in the letter that Thune has the power to "put the bill on the floor any time," rejecting the argument that the only path forward would require weakening or nuking the filibuster.
Roy's point centers on what he called the difference between a real filibuster and a "fake" or "zombie" filibuster.
"The commonly accepted 60-vote 'filibuster' threshold to 'shut off debate' is not the ONLY way to force a vote in the Senate – the majority can force opposing Senators to speak," Roy wrote, according to The Federalist.
Under Senate rules, Roy explained, if a quorum is present, the Senate must either be voting or a senator must be speaking. If no one is speaking and a quorum remains, the Senate eventually proceeds to a vote.
In practice, Roy said, Republicans often call up a bill, allow debate, then move to a 60-vote cloture vote to end debate.
When cloture fails, the Senate typically defaults into a quorum call rather than forcing the minority to continuously hold the floor through actual speaking.
Roy argued Thune could instead keep the Senate in session and require Democrats to physically maintain a talking filibuster to delay the SAVE America Act, while Republicans remain united and present.
Roy said this would require discipline from Republicans, including tabling amendments and enforcing the Senate's "two-speech rule" to prevent endless stalling tactics.
The push comes as Democrats intensify claims that the bill could disenfranchise certain voters, including married women whose legal names differ from those on birth certificates.
Roy pushed back hard in an interview Monday on Newsmax's "Rob Schmitt Tonight," saying the legislation was crafted with flexibility, including an affidavit option under penalty of perjury for voters with documentation issues.
Roy also argued Democrats are deliberately misleading the public, contending they oppose commonsense safeguards because they want noncitizens to vote.
While noncitizen voting is already illegal, Roy and other supporters say the current system relies too heavily on the honor system, requiring applicants to simply check a box affirming citizenship.
Supporters argue the SAVE America Act would provide meaningful enforcement and strengthen election integrity.
Charlie McCarthy ✉
Charlie McCarthy, a writer/editor at Newsmax, has nearly 40 years of experience covering news, sports, and politics.
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