No SAVE Act? Congress Still Holds The Trump Card

BY TYLER DURDEN

FRIDAY, APR 17, 2026 – 05:00 PM

Authored by Scott Yenor via American Greatness,

The failure of the United States Senate to pass the SAVE America Act is as regrettable as it is predictable. Noncitizen voting is already a federal crime in America. SAVE would have required voters to provide documentary proof of citizenship when registering to vote. States would have to purge noncitizens from voting rolls, too.

Perhaps reliance on hostile state officials to implement the law would have rendered the SAVE America Act ineffective. We will never know.

The cause of election integrity is not dead. Congress has the constitutional power to ensure election integrity.

The American election system divides power between the states and the federal government.

States determine the “time, place, and manner” of elections and, within constitutional limits, determine who can vote.

Some states allow mail-in ballots. Others, like Oregon, send every voter a ballot. Other states allow mail-in ballots under special circumstances. Some states allow ballots to arrive well after Election Day. Some states require no identification for voters. Some wink at noncitizens voting. Others have rigorous identification requirements. Some countenance practices that sow the appearance of cheating into the counting of votes. Other states have clean elections that bring election results right away on election night.

But Congress has a plenary power to judge whether a state’s election results are consistent with the basic demands of representative government.

According to Article 1, Section 5 of the United States Constitution, “Each House shall be the Judge of the Elections, Returns, and Qualifications of its own Members.”

Congress can ferret out fraudulent votes of all sorts—not just voting by noncitizens.

Congress can then declare elections invalid and order a new election when it judges elections to be fraudulent.

Both the Senate and the House have pre-established procedures for investigation, including the power to subpoena state officials and state voting data. This power helps Congress ensure its own integrity.

Hundreds of House elections have been challenged in American history. Often, complaints are frivolous. Sometimes complaints involve qualifications, strictly speaking. Albert Gallatin had his election to the U.S. Senate voided by a 14–12 vote in 1794 because he had not been a citizen for nine years.

Other investigations, like the McLane–Farr dispute from the 1918 election, concern corruption pure and simple. Patrick McLane was originally declared the winner in a Pennsylvania race, but once evidence of “wholesale fraud and illegality” from fictitious voters and voters who were not citizens came to light, Congress determined that John Farr won.

Source:

https://www.zerohedge.com/political/no-save-act-congress-still-holds-trump-caảd

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