A federal court decision allows states to use the SAVE database to purge voter rolls.
Posted by The Lawfare Podcast, Checked
- Sources
- 2 contradict2 support1 context
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- 1 time·
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The Lawfare PodcastOct 8, 2026
The Supreme Court's September 25, 2026 emergency order did let states use the revamped SAVE database to verify voter eligibility, but sources say existing federal law (the NVRA's 90-day rule) still bars most systematic purges before the election, and the court noted that limit.
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… not transmitting some people's ballots, the Supreme Court said you can't do that, at least for the midterms, and that doesn't really answer whether we should still be worried about that kind of thing for 20 28, but does show that we're good for the midterms. Similarly, the administration was trying to have states be able to search this database, the SAVE database, which is actually different from the SAVE Act, even though they're both related to elections, and purge voter rolls based on that, and they ultimately, that had been stayed, and now there's been a decision that says it's fine to do it. But we had already entered this quiet period before the election where states can't conduct purges, at least on mass. …
The Lawfare Podcast · · from the transcriptPost →What we found
Contradicts. The court noted that the National Voter Registration Act bars broad purging of voter rolls within 90 days of an election, which 'limits the potential impact' of the decision this year, so the ruling does not permit mass purges before the midterms.[2][3]
Supports. The Supreme Court's emergency order, issued September 25, 2026, lifted restrictions and allows states, for now, to use the revamped SAVE system to verify voters' eligibility.[1][4]
Context. NBC reports that states can still make individualized queries about voters, and NPR notes that any impact on the midterms is unclear and that the statute's application to removing noncitizens is disputed.[2][5]
Context. The order was an interim stay, not a final ruling; the underlying June district court decision blocking SAVE was stayed, and the case continues.[3][4]
Sources
5 sources: 1 fact-checker, 3 tier 2, 1 not rated
- 1Supreme Court allows use of Trump's SAVE voter ...apnews.com · fact-checker · cited for: supports
- 2Supreme Court allows Trump administration to use ...nbcnews.com · tier 2 · cited for: contradicts, context
- 3Supreme Court allows Trump administration to use SAVE voter databaseupi.com · not rated · cited for: contradicts, context
- 4Supreme Court allows Trump administration to use SAVE ...cbsnews.com · tier 2 · cited for: supports, context
- 5The Supreme Court revives a controversial data system ...npr.org · tier 2 · cited for: context
Where this claim was made
Said in 1 published post
Related claims
- The Supreme Court revived the SAVE system, a Department of Homeland Security data system, allowing it to be used before the upcoming election.True
- Approximately 27 states have used the SAVE program to verify immigration status for election purposes.True
- The Trump administration has filed a case with the Supreme Court regarding the SAVE database and its use in elections.True
- The Supreme Court issued a decision on Friday allowing the use of a federal database for individual checks of voter registration.True
- In 2024, Virginia used the SAVE system to remove voters from registration rolls in the period before the election.True