Kilili decries passage of GOP voting bill

Delegate Gregorio Kilili C. Sablan (D-MP) voiced his displeasure to the U.S. House of Representatives’ passage of H.R. 8281, the Safeguard American Voter Eligibility Act, last July 10. The bill passed with a vote of 221-198.

“U.S. citizens in the Marianas and other insular areas will find it harder to register to vote under terms of a Republican bill that passed the House last Wednesday. H.R. 8281, the Safeguard American Voter Eligibility Act, is supposed to prevent non-U.S. citizens from voting in federal elections. Instead, the bill puts new roadblocks in the way of citizens from the Marianas and other non-state U.S. areas,” said Sablan in a social media post.

One of the roadblocks, Sablan said is that H.R. 8281 requires that only birth certificates issued by a U.S. state are acceptable proof of citizenship when registering to vote, whether at home or elsewhere in the U.S.

“As a former executive director of the Commonwealth Election Commission, I understand the importance of protecting election integrity and how best to do it. I voiced my opposition to this poorly-drafted legislation during floor debate, but Republicans all voted in favor, sending the bill to the Senate.”

On the floor debate Sablan alludes to, he clearly stated that H.R. 8281 would deny United States citizens in the CNMI—including him—their right to vote.

“This member standing here speaking in this hall will be denied the right the vote for this seat. And so, for that reason, I rise in opposition to the bill. To register to vote in H.R. 8281 requires documentary proof of citizenship issued by a state or a tribe, tribal government. But my constituents do not live in a state. My constituents live in the U.S. territory, the Commonwealth of the Northern Mariana Islands,” he said.

While individuals born in the Northern Mariana Islands are considered citizens of the United States, they may only vote in federal elections if they reside in one of the 50 states or Washington, D.C.

In any case, Sablan said they may even be denied that if the Safeguard American Voter Eligibility Act is passed by the Senate and signed into law by the U.S. President.

“So, if my constituents try to use a valid photo identification card issued by the Commonwealth, showing a place of birth as the Northern Marianas, they would be denied registration. If I were to produce the Department of State-issued passport given to members of Congress, it says my place of birth is the Northern Mariana Islands, I will be denied the right to vote.”

Sablan further said during the floor debate, that this denial of the right to vote will not only be applicable to people of the CNMI, but also to U.S. citizens from other U.S. territories, including naturalized citizens.

“So, H.R. 8281, you know, unless this birth certificate was issued by the state, you can’t vote. The same is true for U.S. citizens in Guam, Puerto Rico, and the U.S. Virgin Islands. The same is true for all naturalized U.S. citizens throughout the country. All will be denied the right to vote because H.R. 8281 does not recognize these territories as part of the United States and people born in these territories are United States citizens. I urge a no vote on this poorly drafted legislation. I don’t understand something that only Americans can vote and only U.S. citizens who are not Americans cannot vote,” he said.

Introduced by Rep. Roy, Chip (R-TX) in May 7, 2024, H.R. 8281 requires individuals to provide documentary proof of U.S. citizenship in order to register to vote in federal elections.

Specifically, the bill prohibits states from accepting and processing an application to register to vote in a federal election unless the applicant presents documentary proof of U.S. citizenship.

Further, the bill prohibits states from registering an individual to vote in a federal election unless, at the time the individual applies to register to vote, the individual provides documentary proof of U.S. citizenship; and requires states to establish an alternative process under which an applicant may submit other evidence to demonstrate U.S. citizenship.

Each state must take affirmative steps on an ongoing basis to ensure that only U.S. citizens are registered to vote, which shall include establishing a program to identify individuals who are not U.S. citizens using information supplied by specified sources.

Additionally, H.R. 8281 requires states to remove noncitizens from their official lists of eligible voters.

The bill allows for a private right of action against an election official who registers an applicant to vote in a federal election who fails to present documentary proof of U.S. citizenship.

H.R. 8281 also establishes criminal penalties for registering an applicant to vote in a federal election who fails to present documentary proof of U.S. citizenship.

Under the bill, the Election Assistance Commission must, within 10 days, adopt and transmit guidance for implementing the bill’s requirements to chief state election officials.