The Senate took its first vote related to Utah Sen. Mike Lee’s proof-of-citizenship and voter ID legislation in a rare weekend session, ultimately failing to attach an amendment that would implement a ban on transgender athletes participating in women’s sports.
The Senate voted 49-41 to insert the language into the underlying bill, falling short of the 60-vote threshold needed to overcome a filibuster. It’s the first amendment to be considered after five days of a Republican floor takeover resulting in hours of marathon debate speeches as both parties engage in a bitter standoff.
Lee voted in favor of the amendment. Utah Sen. John Curtis was absent.
“We are in the middle of a spirited and lengthy debate on the SAVE America Act,” Senate Majority Leader John Thune, R-S.D., said on Saturday. “It’s a piece of common-sense legislation that we think is overwhelmingly supported by the American people, and we intend to keep pushing forward and ensure that the American people know whether their senators are for or against ensuring that only American citizens vote in American elections.”
The amendment, led by Sens. Tommy Tuberville of Alabama and Marsha Blackburn of Tennessee, would add provisions banning biological men from playing in women’s sports — an unrelated proposal to the flagship election bill but emerged as a key demand from President Donald Trump in recent weeks.
The effort is only the first amendment vote expected in the coming days. Thune signaled on Saturday the next amendment would be related to photo identification requirements in an effort to pressure Democrats on an issue that is backed by a majority of voters — and Democratic leaders hinted they would not oppose.
“Thirty-six states have adopted photo ID laws. Why wouldn’t we have a nationwide one?” Thune said. “They’re all going to have to cast that vote.”
The SAVE America Act itself already includes language that would establish photo ID requirements for federal elections. But an amendment vote would allow Republicans to put Democrats on the record on that issue specifically without needing to put the full bill on the floor, which in turn would effectively end the marathon debate — something that Lee and other Republicans say they don’t want to happen.
Lee said he would continue debate for “as long as it takes” for the bill to pass, telling reporters earlier this week he believes a path to 60 votes is possible. However, the bill is so far on track to fail as Democrats and even a handful of Republicans say they oppose the bill.
Thune didn’t rule out eventually ending debate in a procedure known as “invoking cloture,” which would tee up the 60-vote needed to advance to a final vote. The top Senate Republican said on Saturday that party leaders “have not made any final decisions about how to conclude” debate.
Lee has been opposed to ending debate, arguing it would be a “suicidal move” for Republicans to give up.
“I think we need to debate this as long as it takes to get it done, and we’re not there yet,” he said on Wednesday.
The Senate will remain in session throughout the weekend to consider other pending business, such as the confirmation of Oklahoma Sen. Markwayne Mullin as secretary of the Department of Homeland Security. Further action on the SAVE America Act likely won’t happen until next week.