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Is Johnson's Idea to Get the SAVE Act Through a Good One?

AP Photo/J. Scott Applewhite

House Speaker Mike Johnson (R-La.) thinks he's found a clever workaround for one of the GOP's most stubborn headaches. He spent Wednesday at the Capitol describing a plan built on budget reconciliation, a federal grant fund, and blue states that might someday want secure elections. It sounds promising on paper. But there's a Senate rule, a parliamentarian, and a House Republican who isn't buying any of it. So is this the breakthrough Republicans have been chasing, or just another dead end?

The SAVE America Act is perhaps the most commonsense piece of legislation ever. It would require Americans to prove citizenship before registering to vote in federal elections. In fact, it is such a commonsense idea that most Americans support it. The problem is not that it’s controversial, but that it's been stuck in the Senate, where Democrats have used the filibuster to block it. That filibuster requires 60 votes to overcome, and Republicans simply don't have them. Trump has repeatedly called on Senate Republicans to kill the filibuster altogether, but there still aren't enough GOP senators willing to pull that trigger.

So Johnson is trying a different door. Since reconciliation bills only need 51 votes, he's proposing a grant program tied to election integrity that he believes can ride along on a future reconciliation package, dubbed Reconciliation 3.0. "We believe that if you create a grant program that ties it to reconciling the budget and you allow blue states, if they come to their senses and they want to avail themselves of election integrity, proposals and ideas and policies, they can draw down from a federal fund and use those funds," Johnson said. He added, "We're willing to invest heavily in that. And House Republicans will put together a reconciliation bill, Reconciliation 3.0, that will have that. I talked the President through that in detail this morning, as I have in the past, and he said, 'can we do it?' I said, 'we can, if the Republicans will stand together.'" Johnson called Trump "laser-focused on the SAVE America Act, as most common-sense Americans are."

Under this plan, the House would pass the grant program first, send it to the Senate, and dangle the federal money in front of blue states until they decide election integrity is worth pursuing. It’s a bribe that will inevitably get tide up in the courts.

Meh.

As for reconciliation, there's just one problem: the Byrd Rule. Reconciliation bills are supposed to be about the budget, not policy, and the Senate parliamentarian can strip out anything that looks more like a wish list than a spending matter. Rep. Anna Paulina Luna (R-Fla.) isn't convinced Johnson's plan survives that test. "I want to warn the American people that you cannot get SAVE America Act on reconciliation," Luna said. "It's not possible to be done, so we're not drinking the Kool-Aid on that. Unless the Senate decides to fire the parliamentarian, nothing will change."

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Luna has a point worth taking seriously. Senate Parliamentarian Elizabeth MacDonough has already gutted Republican provisions before, including pieces of the SAVE America Act itself and funding for the White House ballroom project. Several Republicans have called for her removal, but Senate Majority Leader John Thune (R-S.D.) keeps defending her, which leaves reconciliation as the only road left short of nuking the filibuster entirely.

Johnson deserves some credit for trying to find a path forward when the obvious one is blocked. But creativity isn't the same as a plan that actually works. Reconciliation is not going to happen, and I don’t see the grant program as a viable alternative either. Republicans are right back where they started, except with less time on the clock.

Luna is right. Johnson's reconciliation gambit is a clever idea built on a foundation that, I’m sorry to say, is unlikely to hold.

Until Senate Republicans find the spine to either fire the parliamentarian or finally kill the filibuster, the SAVE America Act isn't getting anywhere, and voters deserve to know that before they're sold another round of false hope.

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