Committee advances bill to require SAVE checks for agencies despite ACLU warning of voter disenfranchisement

House Bill 2806 would require county recorders, the Arizona Department of Transportation and the Arizona Health Care Cost Containment System to provide the Joint Legislative Budget Committee evidence of fully executed MOUs with DHS to use the Systematic Alien Verification for Entitlements (SAVE) program, and to report SAVE queries, approvals, denials and discrepancies quarterly to the auditor general.

Caitlyn/Kaitlyn Contreras of the ACLU of Arizona testified in opposition, arguing SAVE was designed to verify immigration status for public benefits and ‘‘was never designed to determine voter eligibility.’’ Contreras told the committee that using SAVE for voter rolls risks misidentifying eligible citizens, will place the burden on voters to correct government errors, and will likely prompt litigation. She cited prior court rulings rejecting state attempts to impose additional citizenship-verification requirements and pointed to examples in other states where flagged voters were temporarily prevented from casting ballots.

Committee members pressed the witness on practical impacts and fiscal implications. Several members asked for clarity on why the bill is necessary when ADOT and other agencies already use SAVE in some contexts; others said the measure risks creating confusion for election administrators and that a fiscal note is needed to assess implementation costs. Supporters of using SAVE framed the proposal as a tool to ensure compliance and protect citizens, while opponents emphasized the program’s design limitations and the distinct legal standards governing voter eligibility, including NVRA-related requirements and court precedents.

After debate and explanations of votes, the committee recorded 4 ayes and 3 noes and advanced the bill with a due-pass recommendation. Members signaled the likely need for additional legal review and a fiscal note before floor consideration.

Next steps: HB 2806 moves forward with committee recommendation; members requested further fiscal and legal analysis.