WASHINGTON — The prospects for President Donald Trump’s SAVE America Act grew murkier Monday as divisions deepened among Senate Republicans about how to pass it and whether it's possible to overcome Democratic opposition.
Some say they’re convinced a “talking filibuster” under current rules could lead to passage of the sweeping election overhaul bill, even though it hasn’t worked before. Another GOP senator proposed a different path with less support. And the Senate's top Republican emphasized that the path is “unclear” as the 60-vote rule may be too difficult to overcome.
“Having studied it and researched it pretty thoroughly, you have to show me how, in the end, it prevails and succeeds. Because I think what has been promised out there is that it would actually, in the end, get an outcome. And I find it very hard to see that based on actual past experience,” Senate Majority Leader John Thune, R-S.D., told reporters. “We can’t find a piece of legislation in history that’s been passed that way.”
Meanwhile, Trump spoke to House Republicans in Florida and called for adding new provisions to the bill — which currently includes new voter ID and proof-of-citizenship requirements, along with screening voters through a Department of Homeland Security database — to largely prohibit mail-in voting, in addition to unrelated restrictions on transgender athletes and gender-affirming treatment for minors.
He said he spoke to Sen. Mike Lee, R-Utah, the bill's sponsor, about the potential changes.
“These are called ‘best of Trump.’ We should also add on to this bill. And so what I’ve asked Mike to do is to draw a new one with these few things added and let’s go for the gold. Let’s not just get one, like voter ID,” Trump said, predicting that if the bill passed, Democrats wouldn’t win an election for half a century. “This is the No. 1 priority.”
Lee has been a vocal advocate for the “talking filibuster,” and he has marshaled an online army of conservative activists to try to pressure the Senate to attempt it.
“I’m willing to try that, too,” said Sen. Josh Hawley, R-Mo. “I know the majority leader is not enthusiastic about that. He’d have to manage the floor, but I’m absolutely willing to try.”
“I know it would be cumbersome,” Hawley added.
Asked whether pressure to act was mounting, Thune said “a lot of that” has been coming from the “paid influencer ecosystem.”
Sen. Mike Rounds, R-S.D., who is running for re-election this year with Trump’s endorsement, said the first procedural vote on the bill will show where every senator stands.
“I think there’s a real value in letting the American people know who is supporting it and who is not,” Rounds said Monday. “After that, I think talking filibuster is a lot more challenging than some people think.”
Meanwhile, Sen. John Kennedy, R-La., suggested an alternative option: use the filibuster-proof “reconciliation” process to cut out Democrats and approve the SAVE America Act. That path, however, is restricted to taxing and spending, as past election bills have been ruled invalid under the simple-majority threshold.
“When I raise that issue, many say, well, I’ll never survive a Byrd bath and the Budget Control Act,” Kennedy said, referring to the limitations of the budget process. “It’s all up to the parliamentarian and her team, and the way you get something through a Byrd bath is to do your homework, do your research, look for precedents.”
It’s a challenging puzzle for Thune, one that could lead to failure on a top Trump priority. He faces a daily torrent of pressure from conservatives on social media, many of whom are convinced the “talking filibuster” is workable if Republicans try it.
And he’s trying to manage his conference.
“I got a text message from Sen. Thune last night,” Kennedy told reporters, “saying that we’re going to spend a lot of time this week talking about the SAVE act, talking about divisions and talking about the timing and the procedure.”
On social media, Trump threatened to refuse to sign any bill until the SAVE America Act becomes law.
“I agree with him,” said Sen. Rick Scott, R-Fla. “It’s the most important thing.”
But the revisions Trump demands include provisions to largely ban mail-in ballots, which don’t have unified support among Republicans. And the new transgender provisions risk undercutting the party’s message that it’s an election-focused bill. Still, any changes would mean the House must pass the legislation a third time, after having had to pass it a second time recently following previous demands for changes by Trump.
“We’ve added two things to it — no men in women’s sports, and no transgender mutilation of our children,” Trump said Monday.
Asked by NBC News about nixing the filibuster, as he has called, Trump sounded skeptical it’s possible, saying: “So in order to get it, you’re going to need Democrat votes.”
Spokespeople for House Speaker Mike Johnson, R-La., didn’t immediately respond when they were asked Monday whether he plans to revise the bill and pass a new version through the House.
Thune said that might be a good idea.
“The House, obviously, would have to — those are all things that weren’t part of what they sent over here to us,” Thune told NBC News, adding: “And so it would probably make sense for them to send over another version.”
