Federal Legislation and Executive Action on Voter Registration

Boulder County Voters:

With the 2025 Coordinated Election just around the corner we wanted to provide an update to what’s happening with the SAVE Act and the Executive Order issued earlier this year as well as a few other developments.

Additionally, please read our post (further down on this page) on the Act and Order, including how the bipartisan organization of Colorado county clerks, the Colorado County Clerks Association, took a stand against the SAVE Act.

Oct 2025 updates:

Executive Order issued on March 25, 2025

A federal judge paused parts of this Executive Order on April 24, 2025, putting on hold the citizenship requirements of the order. Additionally, Attorney Generals from 19 states, including Colorado, have sued the administration over the order. This effectively puts the most concerning and impactful elements of the EO on hold during the pending litigation.

H.R. 22 – SAVE Act

The House passed the SAVE Act on April 10, 2025. We don’t know if or when the Senate will take up the bill for debate. It likely faces an uphill battle to receive the required 60 votes for passage as Democratic senators have said they will block the bill by filibuster. While there has been some discussion about federal legislators trying to include the SAVE act, or portions of the bill, into a must-pass package, such as a continuing budget resolution or as part of the National Defense Authorization Act, with the government shutdown, we believe that is unlikely.

H.R. 4851 – PROVE Act

The PROVE Act (Providing Residency for Overseas Voter Eligibility Act) was introduced Aug. 1, 2025 into the House by Rep. Hamadeh (R-AZ-8). While the proposed bill has not garnered much media attention, it is a concerning piece of legislation. It would require those living abroad to prove they maintain a current residence in the U.S., which has never been required and is not required by military members overseas. Voting while abroad already takes commitment and is complex without additional hurdles, so we hope this bill does not move forward. The nonpartisan foundation, U.S. Vote Foundation has a statement opposing the act. With the government shutdown, it is unlikely this bill will be a priority this year, however, we will continue to monitor the legislation.

Further action by the Administration of concern:

The current administration continues to attack proven and safe methods of voting, including most recently calling into question the integrity of mail-in ballots and voting machines. In fact, the White House has signaled a desire to sign an executive order that would bar states from using mail ballots and potentially some voting machines. Whether or not the President has this power (the Constitution makes clear states run elections), simply declaring so adds unnecessary confusion for the public and perpetuates falsehoods about the voting process.

Additionally, the current administration has also curtailed who can register voters, going against long standing partnerships and precedent. You can read the U.S. Citizenship and Immigration Services memo announcing the change. This means that non-partisan trained voter registration groups, like League of Women Voters, can no longer register voters depending on where the citizenship ceremony is held, shifting the work to election staff only. This is unfortunate, as both county offices and the Secretary of State’s office often lack the staff capacity to attend and have long depended on trained volunteer organizations to conduct voter registration activities.

Additionally, the administration’s Department of Justice has been suing multiple states to turn over detailed voter rolls, including information typically kept private (not in the public voter roll file), such as driver’s license or partial social security number. The data request to Colorado was a bit different (occurred back in May) and only publicly available data was provided by the Secretary of State. While Colorado data is currently not being requested, we will report if that changes as we share the concerns that other states have.

Original Post from April 2025:

Boulder County Voters:

As your Boulder County Clerk & Recorder, my office regularly engages with Colorado’s legislative process to help shape election policy—both independently and through the bipartisan Colorado County Clerks Association.

In my time serving this community, I’ve rarely felt compelled to speak out on federal election issues. But the recent actions taken by both Congress and the Executive Branch present real cause for concern—especially as they threaten to undermine Colorado’s widely respected, accessible, and secure election model.

Specifically, I’m referring to the White House’s recent Executive Order on Voter Registration and the federal SAVE Act (Safeguard American Voting Eligibility, H.R. 22). These proposals could significantly disrupt how we conduct elections in Colorado, making it harder—not easier—for eligible voters to participate.

The Executive Order

Colorado has joined a multi-state lawsuit challenging the Administration’s executive order. You can review the legal filing or read more about it in this Colorado Newsline article.

The SAVE Act

This bill would codify many of the measures in the executive order. It’s a deeply flawed piece of legislation that:

• Imposes costly, unfunded mandates on local governments
• Erects unnecessary barriers for voters, particularly rural voters, young people / student / college voters, military personnel, and overseas citizens
• Disproportionately impacts married women who have changed their last names

Importantly, the SAVE Act is a solution in search of a problem—there is no evidence of widespread non-citizen voter registration in the U.S. Despite this, the bill would overhaul how Americans register to vote in ways that could disenfranchise eligible voters.

The Colorado County Clerks Association—made up of all 64 county clerks across the state, the majority of whom are Republicans—has formally opposed the SAVE Act. We sent a letter to our entire congressional delegation expressing our deep concerns.

Why This Matters

While many articles cover the SAVE Act, here are just a few key reasons why our office opposes it—and why I urge every voter to learn more and talk to friends and family here and in other states:

• Proof of citizenship would be required every time you register or update your registration.
  That means if you move—even just across town—you would need to re-register in person and provide documentation like a birth certificate or passport. This especially burdens rural voters, college students, new residents, and military/overseas personnel.
• The documentation requirement is especially tough for many women.
  Many married women have legally changed their names, meaning their birth certificates may not match their current legal name. They would need to provide additional documents—often ones they don’t have on hand—to prove their identity and citizenship. And remember, ordering official copies of your marriage and/or birth certificate from home states can take weeks, if not months, and comes with cost.
• It places new, unfunded costs on counties.
  In Boulder County alone, we process more than 116,000 registration transactions each year—most of them online. Under the SAVE Act, if all those transactions had to happen in person, we would likely need to hire 7–8 new staff members just to manage the volume.
• It’s based on a false premise.
  Multiple audits and studies have found no evidence of widespread non-citizen registration or voting. You can read more in this ABC News article that breaks down how rare such cases actually are.

Bottom Line

The SAVE Act doesn’t improve election security—it creates new and unnecessary obstacles to voting. Instead of making it harder to vote, Congress and the Executive Branch should be working to strengthen access, security, and trust in our elections.

Thank you for taking the time to stay informed. Democracy depends on voter participation—and on all of us speaking up when that right is at risk. I’ll continue to share updates on this page about this topic and any other federal actions that could affect Colorado’s election model or our voting process.

Sincerely,

Molly Fitzpatrick, Boulder County Clerk & Recorder