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Johnson to tie avoiding government shutdown to voter eligibility measure

By Allison Pecorin, Lauren Peller, John Parkinson, and Jay O'Brien, ABC News Sep 5, 2024 | 5:04 AM
Michael Godek/Getty Images

(WASHINGTON) — Lawmakers returned to Washington on Monday staring down a looming government shutdown on Sept. 30 when funding is set to run out.

But before they get down to brass tacks, Republicans and Democrats will face off in an election-year partisan battle over voter eligibility as the GOP tries to push through a stopgap measure that includes a bill requiring individuals to provide proof of U.S. citizenship to vote.

House Speaker Mike Johnson, taking questions from reporters on Capitol Hill for the first time since July, projected confidence the measure would pass his chamber.

“There is no fallback position,” he said. “This is a righteous fight. This is what the American people demand and deserve.”

The White House, Senate Democrats and House Democrats have all slammed Johnson’s plan to tie the voter eligibility legislation to government funding.

House leaders regularly attach priority items to must-pass stopgap funding bills as a means of pushing through measures their members demand.

Johnson’s opening salvo to address the looming funding deadline likely won’t be a winning solution. But with a narrow majority and conservatives clamoring for the SAVE Act, he will attempt to lay down a legislative marker in the House — and give GOP members legislation to point to on the campaign trail.

Sources said Johnson previously told members that he wants to hold a vote on his short-term funding plan early this week — although the floor schedule has not been officially announced.

Pressed if he’d accept a short-term funding bill without any policy riders like the SAVE Act, Johnson said, “Let’s see if they [White House and Senate] have the guts to tell the American people they want illegals to vote in these elections.”

Senate Democrats have already said the SAVE Act is a non-starter for them, noting that its already illegal for noncitizens to vote, but Johnson’s move sets up a showdown between the chambers with just months remaining until Election Day.

What is the Safeguard American Voter Eligibility Act?

The SAVE Act, which has the backing of former President Donald Trump and the far-right House Freedom Caucus, is a bill that seeks to expand proof of citizenship requirements to vote in federal elections. It bans states from accepting and processing an application to register to vote in a federal election unless the applicant presents documentary proof of U.S. citizenship.

The House passed the SAVE Act on July 10 by a bipartisan vote of 221-198, with five election-year vulnerable Democrats crossing the aisle to vote with all Republicans. It’s unclear whether that same support would carry over into Johnson’s planed showdown vote over funding the government.

The Congressional Hispanic Caucus calls the bill “extreme and dangerous” and warns it would purge millions of legal voters from state rolls and make it much more difficult for Americans to reregister to vote.

“Let’s call it what it is — this is a direct attack on hard-working families, including Latino communities,” the Congressional Hispanic Caucus said in a statement following House passage of the bill.

During a press briefing last Tuesday, White House press secretary Karine Jean-Pierre called on Republicans to drop the SAVE Act from their funding bill and to instead advance a clean short-term version, called a continuing resolution, or CR.

“We want to see a clean CR,” Jean-Pierre told ABC’s Karen Travers. “That’s what we want to see.”

The administration “strongly opposes” the SAVE Act, Jean-Pierre said. “It is already illegal for non-citizens to vote in federal elections. It’s already illegal.”

Office of Management and Budget (OMB) Director Shalanda Young said that “Congressional Republicans are wasting time” when there is a bipartisan path for funding.

“Their 6-month CR approach ignores pressing needs that have real consequences for our defense, our veterans, and our communities,” Young said in a statement last week. “We urge Congress to quickly pass a bill to keep the government open and provide emergency funding for disaster needs across the country, as they have done on a bipartisan basis many times in the past.”

Senate Democrats almost sure to oppose

Johnson’s proposal will set off a fierce fight between the House and the Senate, as Senate Democrats will almost certainly reject the stopgap bill because of the inclusion of the SAVE Act.

Senate Appropriations Committee Chair Patty Murray had called it a “poison pill” and a “nonstarter.”

“We’ve seen this movie before, and we know how it ends. Senate Democrats will continue to work in a bipartisan way to ensure we can keep the government funded and deliver responsible, bipartisan spending bills that can actually be signed into law before the end of the year,” Murray said.

Senate Majority Leader Chuck Schumer has not yet outlined a plan for dealing with government funding, but he warned House colleagues against the inclusion of any partisan matters in a must-pass funding bill.

“As we have said each time we’ve had CR, the only way to get things done is in a bipartisan way and that is what has happened every time,” Schumer said in a statement to ABC News.

In floor remarks today welcoming the Senate back from a six-week recess, Schumer on Monday called Johnson’s opening proposal “transparently unserious and seemingly designed for scoring political points instead of avoiding a shutdown.”

The March 2025 extension date proposed by Johnson also is not likely to sit well with Democrats, who may seek a much shorter stopgap that allows them to continue to debate and potentially lock in annual appropriations during the lame-duck session at the end of this year.

Schumer on Monday flatly rejected Johnson’s timeline and called for a bipartisan path forward, suggesting Democrats will hold out for a clean, shorter extension.

Another funding fight

If it feels to you like we just did this, you’re not wrong.

Government funding expires annually at the end of the federal government’s fiscal year on Sept. 30.

Passing annual appropriations for 2024 was especially calamitous. Former House Speaker Kevin McCarthy lost his job over it. Johnson was installed because of it, but not without also facing threats to his position. Johnson ultimately implemented a never-before-seen two deadline system to help push the ball over the line.

Congress did not complete its work codifying current spending levels until mid-March, blowing months past the annual deadline. By the time all the bills were passed, they only funded the government for about six months.

Once again, the deadline is fast-approaching at the end of the month.

As of Monday, the House had passed five of the 12 individual government funding bills, including for Defense, Homeland Security, Interior-Environment, Military Construction and Veterans Affairs and State-Foreign Operations.

House GOP leaders hoped they would be able to clear all 12 bills, but the reality is that there is not enough time to do so.

Right after taking the gavel in October 2023, Johnson said in a letter obtained by ABC News to colleagues that he would not break for August recess until all 12 appropriations bills had passed the House.

“DO NOT break for district work period unless all 12 appropriations bills have passed the House,” Johnson wrote in his first letter as speaker.

That promise was not kept.

Meanwhile, to date, the Senate has not passed a single appropriations bill.

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