(The Center Square) - Nevada has prepared a lawsuit to combat the voter ID legislation Congress is considering, the Nevada secretary of state told The Center Square.
Secretary of State Francisco Aguilar and other Democratic leaders in Nevada have spoken out against the potential law. They plan to sue the Trump administration if the bill is passed.
The SAVE America Act would aim to further block noncitizens from voting by mandating in-person voter registration and requiring most citizens to present a passport or birth certificate upon registration.
“I think it's a false perspective. Noncitizens voting in Nevada is not an issue,” Aguilar told The Center Square. “It’s a message developed by the [Trump] administration to create fear in voters, but also to intimidate people not to participate in our democratic process.”
The Silver State received three individual votes found to have been illegally cast by noncitizens out of 1.1 million in the 2016 election, according to the Secretary of State’s Office. Similar findings have been reproduced across many states in recent years. A January 2026 statewide citizenship review by the state of Utah found one noncitizen in the voter database – 99.9% of Utah voters were verifiable U.S. citizens.
But many voters have backed the effort to further prevent noncitizen voting, with a February Harvard survey of 1,999 registered voters finding 71% of registered voters supported the SAVE America Act, including 50% of Democrats.
“This is about restoring trust in our elections, not disenfranchising voters,” Arizona state Senate President Warren Petersen, R-Gilbert, previously told The Center Square, answering questions by email. “This is an 80/20 issue with overwhelming public support. There is no excuse it has not passed.”
Aguilar said Nevada regularly does voter roll maintenance to check if voters are active and accurate, including a recent inactivation of over 100,000 voters who did not respond to a state notice. “The voter registration process does have proof of identity in it. You have to prove who you are to register to vote in Nevada.”
Two Nevada Democrats - U.S. Reps. Steven Horsford and Susie Lee - hosted a public discussion with Aguilar last week on the SAVE America Act, election security and a recent executive order by President Donald Trump to restrict mail-in voting. Nevada and 22 other states and the District of Columbia have since sued to block Trump's order.
“We're going to fight it. We're already preparing for litigation against the bill , which will delay the implementation of the bill,” Aguilar said. “The intent of that is really to push it past the election cycle so we can get through this cycle of elections in a way that is fair, that is consistent, and that also gives confidence to voters to know that they can participate without fear of penalty.”
The bill passed 218-213 in February by the U.S. House, with just one Democrat voting with Republicans. It now goes to the Senate, with only months before midterm elections in November. The Senate needs 60 votes. Assuming the entire 53 Republican-member majority votes for the SAVE America Act, the legislation wouldn't pass unless seven Democrats or independents also voted for it.
Aguilar expressed doubt the bill would ultimately pass, but argued many Latino voters would already have been discouraged to vote by the news of the bill.
“The damage has already been done,” added Aguilar. “The myths and disinformation have been circling around this bill to create chaos among voters, because now voters are asking a bunch of questions like, 'Do I need to reregister?' 'What do I need to do to be able to participate?'”
President Donald Trump said in late March that the bill had little chance of passing the Senate, but has continued to press on the issue since.
Aguilar told The Center Square he had spoken with Nevada Gov. Joe Lombardo about the SAVE America Act and the planned lawsuit if it were passed. He did not elaborate on their conversations, and the Republican governor's office has not responded to questions from The Center Square.
Aguilar added that the bill could spur a special legislative session.
“If it does pass, there are probably some things that will have to be changed legislatively,” said Aguilar. “So we'll have to potentially look at a special session, which I don't think is ideal.”
Nevadans will next cast ballots in the June 9 primary.
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