The assertion: Biden’s opposition to the SAVE Act is ‘cheating’; Walz’s policies allegedly let ‘illegals’ vote in Minnesota

An Instagram post from August 6 (direct link, archive link) includes a photo of President Joe Biden along with a warning about the integrity of the presidential election.

The post claims, “The fix is already in. The GOP passed the SAFE ACT. Joe Biden is going to veto it,” seemingly referring to a citizenship verification bill known as the SAVE Act. It also states, “Millions of Illegals will be voting in this years (sic) election. Kamala Harris’s little weasel running mate has already passed a law allowing illegals to vote in their state elections.”

This post received over 12,000 likes within a week.

Our conclusion: False

The post distorts two legislative issues. Noncitizens are not permitted to vote, and vetoing the SAVE Act wouldn’t alter this fact or breach any laws to qualify as “cheating.” The automatic voter registration bill in Minnesota, signed by Gov. Tim Walz, the Democratic vice-presidential candidate, explicitly prohibits noncitizens from voting in any state or federal elections.

Voting is not allowed for non-citizens

The claims surrounding a potential veto by President Joe Biden or Minnesota’s voter registration law overlook a clear truth: noncitizen participation in federal elections is illegal, and neither action would change this fact.

It seems the social media user intended to reference the SAVE Act, which would mandate voters to prove their citizenship when registering, rather than the SAFE Act, which pertains to the management of electronic communications between U.S. citizens.

The Republican-led House passed the SAVE Act in July, but it has little chance of endorsement from the Democrat-controlled Senate. Even if it did reach Biden’s desk, his administration officially opposed the bill, stating it merely burdens citizens who strive to register to vote.

The post fails to offer any proof that maintaining current practices would somehow enable millions of noncitizens to cast ballots. Research conducted by the Brennan Center for Justice indicates there have been only 30 cases suspected of noncitizen voting referred for investigation within a sample of 42 jurisdictions that accounted for 23.5 million votes in the 2016 presidential election. Other studies across the country show similarly low incidences of noncitizen voting.

One analysis from the center highlights that noncitizens risk severe consequences by attempting to register to vote illegally. These penalties can include imprisonment for up to five years, deportation, and termination of immigration processes. Voter records are frequently reviewed to eliminate inactive and unqualified voters.

The post does not specify which legislation Walz supposedly signed to permit noncitizen voting. This claim may arise from laws passed in Minnesota in 2023 that enable undocumented immigrants to obtain driver’s licenses and establish a system for automatically registering voters when applying for or renewing a driver’s license or state ID.

Nonetheless, the state explicitly prohibits noncitizens from voting in any elections, even at local levels, as confirmed by the Secretary of State’s Office. Concerns about automatic voter registration ignore the requirement for proof of citizenship present in the registration process. An article by the Minneapolis Star-Tribune highlighted that the Minnesota Department of Public Safety reviews passports and birth certificates among other documents submitted for enhanced driver’s licenses or Real IDs to verify citizenship prior to listing individuals on the voter rolls.

Virgil Wiebe, a law professor at the University of St. Thomas in Minnesota, has thoroughly researched noncitizen voting in the state and reported that it is extremely uncommon. He explained to YSL News that advocates for immigrant rights aimed to ensure protections were in place to prevent noncitizens from registering in Minnesota, given the grave immigration and legal repercussions tied to illegal voting. Most instances of noncitizen registrations are said to be accidental, typically due to misunderstanding eligibility criteria.

Wiebe previously reported that noncitizen voting and registration is quite rare. His review of legal records, media reports, think tank analysis, and other sources identified only three state-level convictions – with no federal charges – for unlawful voting by noncitizens over a span during which 13.4 million votes were cast in Minnesota, from 2015 to 2024. The report also referenced an August 2017 state audit of Minnesota’s voter registration databases, which contested 31 registrations on citizenship grounds out of more than 5.4 million total in the system.

YSL News tried to contact the social media user who spread the claim for their response but hasn’t received one yet.

Sources for our fact-check:

• Virgil Wiebe, Aug. 12, Email correspondence with YSL News
• Minneapolis Star-Tribune, June 18, An overview of Minnesota’s new automatic voter registration system and its functionality
• Minnesota Secretary of State, retrieved Aug. 12, Information on voter eligibility
• University of St. Thomas, updated June 19, Study on Noncitizen Voting Violations in Minnesota
• Cornell University Law Information Institute, accessed Aug. 12, 18 U.S. Code § 611 – Voting by aliens
• Cato Institute, Nov. 25, 2020, Analysis of Noncitizen Voting Patterns
• Brennan Center for Justice, April 12, Insights on Noncitizens Collaborating in Federal or State Elections — Reasons Behind the Data
• Brennan Center for Justice, May 25, 2017, Disparity in Noncitizen Voting: Assessing the Myths
• Brennan Center for Justice,
• Jan. 25, 2017, Analysis: Incidence of Noncitizen Voting is Extremely Low