Sen. John Kennedy argued Wednesday that Republicans should seek to pass the SAVE America Act using budget reconciliation, so only a majority vote would be required.
Senate Majority Leader John Thune currently has the measure being considered next week as a straight change in policy matter, meaning it would require 60 votes to overcome a Democrat filibuster.
The bill, which President Donald Trump supports, would require Americans to show proof of citizenship to register to vote in federal elections and to present photo ID when voting. It would also place limits on mail-in voting, but would still allow it for those who are disabled, serving in the military, or traveling out of their home state.
Kennedy argued from the Senate floor that the SAVE America Act should be considered under budget reconciliation rules, meaning only 50 of the 53 Republican senators need to vote for it, and Vice President J.D. Vance can step in and break a 50-50 tie.
He noted that is how Republicans were able to pass the Big Beautiful Bill last summer over Democratic opposition. Democrats also passed the $1.9 trillion American Rescue Plan in March 2021 using reconciliation, by a 50-49 vote.
“Now it’s harder than I described because, as you know, there are parameters on reconciliation. Anything you propose through reconciliation has to be paid for. We can find the money,” Kennedy said.
“And anything you pass through reconciliation has to conform with the contours of the Budget Control Act. We call that giving a provision a Byrd bath. And our parliamentarian decides what passes muster on the Budget Control Act and what doesn’t,” he added.
BREAKING VIDEO: Sen. Kennedy just launched an effort to pass the SAVE America Act with a simple majority using a legislative trick that’s worked many times in the past.pic.twitter.com/sLv4Kc0JV5
— The Western Journal (@WesternJournalX) March 18, 2026
Congress.gov explains that the Byrd bath, otherwise known as the Byrd rule, limits the subject matter permitted under reconciliation to only those things related to spending and revenue, with so-called “extraneous matter” not allowed.
Extraneous matter includes provisions that produce a “change in outlays or revenues that is merely incidental to the non-budgetary components of the provision.”
Kennedy said Republicans should get some of the best lawyers and give them the directive to “Craft us a SAVE Act that will pass muster under the Budget Control Act and can be blessed by the parliamentarian.”
“I’ve been here 10 years. I’ve seen things pass muster — survive a Byrd bath — that I didn’t think had a hope in hell,” while others that he thought were “slam dunks” got washed out of legislation by the Senate parliamentarian, Kennedy continued.
Last June, the parliamentarian ruled that a provision in the Big Beautiful Bill blocking illegal immigrants from receiving Medicaid benefits had to be removed.
Turning Point USA CEO Charlie Kirk responded to her ruling, posting on social media, “Elizabeth McDonough stopped the Senate bill from blocking illegals from getting Medicaid.”
“[An] unelected Senate staffer is thwarting the will of 75 million people who voted to make sure foreign alien invaders aren’t getting taxpayer benefits. This is a red line. The Senate needs to CHANGE THE RULES, fire her, or find a solution,” he added. “This is in the hands of the Senate to find a solution. We have 53 votes – figure it out! No more excuses.”
🚨🚨
Elizabeth McDonough stopped the Senate bill from blocking illegals from getting Medicaid
A unelected Senate staffer is thwarting the will of 75 million people who voted to make sure foreign alien invaders aren’t getting taxpayer benefits
This is a red line.
The Senate…
— Charlie Kirk (@charliekirk11) June 30, 2025
Kennedy concluded his argument saying, “You don’t know until you try, and we haven’t tried. And if this bill is as important as everybody says it is — and I think it is, because we’re not just talking about voting, we’re talking about the trust of the American people in our elections — if this bill is as important as we say it is, we should try it through reconciliation.”
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