Sen. John Kennedy (R-LA) is urging Republicans to consider a dramatic procedural shift to pass the SAVE America Act, suggesting they use budget reconciliation to bypass a Democratic filibuster and approve the legislation with a simple majority. Under current plans, Senate Majority Leader John Thune has scheduled the bill as standard legislation, which would require 60 votes to overcome a filibuster. With Republicans holding 53 seats, this means at least seven Democrats would need to join them. Kennedy called that approach unnecessary. Speaking on the Senate floor, he urged GOP leaders to explore reconciliation—a process established under the Congressional Budget Act of 1974 that allows certain budget-related legislation to pass with only 50 votes plus the vice president’s tie-breaking vote. “That’s how we passed the one big, beautiful bill,” Kennedy said, referencing prior GOP legislation passed over Democratic opposition. He also noted that Democrats used reconciliation in 2021 to pass the $1.9 trillion American Rescue Plan on a party-line vote. Kennedy acknowledged reconciliation is complex. “Anything you propose through reconciliation has to be paid for. We can find the money,” he said. He also explained that measures must comply with the Budget Control Act, a process often referred to as giving a provision a “Byrd bath.” The Byrd Rule limits reconciliation to provisions directly tied to federal spending, revenue, or the debt limit, while the Senate parliamentarian can strike measures deemed “extraneous.” Kennedy encouraged GOP leaders to work with legal experts to draft a version of the SAVE Act that could survive a Byrd bath. “We have yet to try going to these smart lawyers … and saying, ‘Craft us a SAVE Act that will pass muster under the Budget Control Act and can be blessed by the parliamentarian,’” he said.
Some senators doubt the bill’s election provisions would qualify under reconciliation rules. Kennedy pushed back, citing his experience with provisions that unexpectedly pass—or fail—under the rules. “You don’t know until you try,” he said. The SAVE America Act, backed by former President Donald Trump, would require proof of U.S. citizenship to register to vote, mandate photo ID at polling places, and limit mail-in ballots to military service, illness, disability, or travel. Supporters argue it is critical for restoring public confidence in elections, while critics say non-citizen voting is rare and stricter rules could burden eligible voters. Frustration among Republican activists has grown as procedural hurdles persist. Kennedy stopped short of calling for changes to the parliamentarian’s role, instead emphasizing that reconciliation should be tested before conceding defeat. “If this bill is as important as everybody says it is — and I think it is — we should try it through reconciliation,” he said. Whether Senate leadership will adopt Kennedy’s approach remains uncertain, but his proposal underscores growing pressure within the Republican conference to use every procedural tool to advance the party’s election-integrity agenda.
