Tuesday morning, Representatives Anna Paulina Luna and Tim Burchett announced they had received “assurances” that Senate Majority Leader John Thune would use a standing filibuster to pass the SAVE Act, legislation requiring proof of citizenship and photo ID for federal elections. By Tuesday afternoon, Thune told reporters he had made “no commitments.” The bill has 49 Senate co-sponsors, already passed the House, and polls show 75 to 80 percent public support. Under a standing filibuster, it could pass with 50 votes plus Vice President JD Vance.
Luna and Burchett said the assurances came from the Trump administration as their price for voting to advance a government funding package. “We got assurances on the standing filibuster,” Luna told reporters after meeting with Trump. She called the tactic “brilliant” and said an announcement would come soon.
Under Senate rules unchanged since before the 1970s, senators opposing legislation must hold the floor and actively debate to block a vote. Once they yield or exhaust themselves, the bill advances to a simple majority vote. The modern Senate abandoned this requirement in 1975, creating the “silent filibuster” that allows 41 senators to block legislation without debate. Restoring the standing filibuster requires no rule changes. It enforces existing rules senators have ignored for five decades.
Hours later, Thune walked it back. “We haven’t made any commitments,” he told reporters. “I made a commitment to have a conversation about it with our members.” He warned about “implications and ramifications” of forcing Democrats to debate. “It ties up the floor indefinitely so it means you’re not doing other things,” Thune said, listing competing priorities: housing reform, market structure reform, permitting reform, a highway bill, and a farm bill.
The Senate works two and a half days per week. A standing filibuster could require 940 hours of debate under current margins, according to Thune’s estimate. Senate Minority Leader Chuck Schumer promised Democrats would filibuster the SAVE Act, calling it “Jim Crow 2.0.” He warned it would “inevitably remove legitimate American citizens from voter rolls.”
Republicans hold 53 Senate seats. The SAVE Act has 49 co-sponsors. If Republicans forced a standing filibuster and Democrats eventually yielded, the bill would need only 50 votes plus Vice President Vance to pass. When Thune became majority leader in November 2024, he vowed to protect the legislative filibuster. Senator Thom Tillis announced he would resign immediately if Republicans eliminated the 60-vote threshold.
Sean Davis at The Federalist explained the dynamic: “Senate Republicans refuse to force standing filibusters, which would lead to bills passing with only 51 votes, because it would condition their own voters to actually getting the laws they were promised enacted into law.” He added that the process would expose the 10 to 15 Republicans who would vote against these bills, showing that “even with a majority, Republicans somehow never have a majority.”
Thune promised the SAVE Act will receive a vote “at some point” but wouldn’t commit to a timeline. “Whenever we can work it in,” he said. “Any legislative vehicle that crosses the floor could be a candidate for an amendment vote.” The 2026 midterms arrive in November. Republicans defend vulnerable seats in Maine, North Carolina, and Alaska.
The SAVE Act requires Americans to prove citizenship when registering to vote and show photo identification at polling places. The House passed it. Forty-nine senators co-sponsored it. National polling shows between 75 and 80 percent of Americans support requiring proof of citizenship to vote. Senate rules allow forcing Democrats to hold the floor and debate until they yield. Republicans have 53 votes.
Thune won’t enforce the rules. He cited floor time needed for other legislation. The Senate works two and a half days per week.
Support Independent Local Journalism — High Country Advocate was created as a real alternative to regional media that too often silences dissenting voices while taking sides in the political struggle. Producing in-depth, unflinching reporting like this series and others is expensive: servers, editing, research time, and legal review all add up quickly. If these articles have informed you or given you new perspective, please consider supporting HCA with a paid subscription — every subscriber helps keep this reporting strong and independent. 