On the Ground Report: Federal Impacts in North Dakota
By: Prairie Action North Dakota
March 7, 2026
Federal election changes and what the SAVE Act could mean for voters in ND.
What Is the SAVE Act?
Congress is advancing a group of bills known as the “SAVE Act suite.”
These proposals would require:
Documentary proof of U.S. citizenship (like a birth certificate or passport) to register to vote
In some versions, proof of citizenship at the polls
Stricter mail ballot deadlines
Federal oversight tied to voter rolls
ND’s Unique System
North Dakota is the only state without voter registration.
The SAVE America Act includes a specific exemption for North Dakota.
State officials say North Dakota already:
Requires a valid ID to vote
Requires mail ballot applications
Has systems in place to confirm citizenship
The MEGA Act Raises Concerns
Another proposal, the Make Elections Great Again Act, does not currently include an exemption for states without voter registration.
If passed without changes, North Dakota could be required to:
Implement voter registration for the first time in its history
Shift more election processes under federal standards
That possibility has raised concerns about increased federal control over state-run elections.
How Common Is Noncitizen Voting?
Noncitizen voting in federal elections is already illegal.
Despite frequent claims online and in political rhetoric, documented cases are extremely rare.
A 2017 Brennan Center study reviewing 23.5 million votes found approximately 30 suspected incidents of noncitizen voting.
There is no evidence of widespread noncitizen voting in modern federal elections.
Policy decisions should be grounded in documented evidence, not viral claims.
Impact on Women Voters
Millions of married women have changed their last names.
If documentary proof of citizenship is required:
A birth certificate may not match a voter’s current legal name
Additional documents, like marriage certificates, may be required
Replacing certified documents can involve fees and delays
More than half of Americans do not have a passport.
Legal experts note that while states could accept secondary documents, additional paperwork may still create administrative and financial hurdles for some eligible voters.
Native Voters Speak Out
North Dakota Native Vote is raising concerns about stricter documentary proof of citizenship requirements.
Most tribal IDs do not list birthplace.
Some tribal members may face barriers to accessing birth certificates or passports.
North Dakota Native Vote warns:
“This requirement raises serious concerns for Native communities… There are many reasons that this bill disenfranchises our communities and dampens our voices.”
Constitutional Questions
Under the Constitution:
States set voter qualifications
Congress regulates the “time, place, and manner” of elections
Legal scholars argue that requiring documentary proof of citizenship could raise questions about federal authority, because voter qualifications have traditionally been determined by states.
Legal experts also note that requiring specific citizenship documents may create financial and administrative burdens for voters who must pay to obtain or replace official records.
If enacted, courts may ultimately decide how the law fits within the Constitution.
