House Democratic Leaders Criticize CR as SAVE Act Supporters Remain Silent

Lawmakers returned to the Capitol on Monday and are preparing to vote on an extension resolution with the Safeguard American Voter Eligibility Act attached as they try to avoid a government shutdown. The bill, which would bar noncitizens from voting in federal elections, is backed by House Republican leaders and former President Donald Trump and would extend government funding through March 28 of next year.

Reps. Jared Golden (D-ME), Don Davis (D-NC), Marie Gluesenkamp Perez (D-WA), Henry Cuellar (D-TX), and Vicente Gonzalez Jr. (D-TX) voted in favor of the Safeguard American Voter Eligibility Act earlier this year. So far, the five Democrats have not said whether they support the CR with the SAVE Act attached to it. Washington Examiner reached out to lawmakers several times to ask how they planned to vote in the House, but received no response.

In a “Dear Colleague” letter sent Monday, House Minority Leader Hakeem Jeffries (D-NY) called the GOP’s continuing resolution plan “foul and unacceptable,” saying the House must pass a spending deal “free from partisan political shifts.”

Davis, Gluesenkamp Perez, Golden and Cuellar have voted against party lines in the past, most recently voting to condemn Vice President Kamala Harris for her role in handling the migrant crisis. Reps. Yadira Caraveo (D-CO) and Mary Peltola (D-AK) also voted in favor of the resolution, and the Washington Examiner I contacted both to see how they would vote on the CR.

Of the five candidates who voted for the SAVE Act, Cuellar is the only incumbent running in a “likely Democratic” seat in the 2024 election. Golden, Perez, and Davis are in “tight” races, and Gonzalez’s seat is listed as “leaning Democratic.” Democrats in close, competitive races or in states that voted for Trump in 2020 tend to vote outside party lines to match their constituency, so a CR vote from any of the five would not be surprising.

Johnson faces challenges from all sides as lawmakers return to the Capitol after a monthlong recess. Senate Democrats, who control the upper chamber, have blasted the CR resolution, saying Johnson is “catering to the MAGA hard right.” The Senate is likely to return a clean continuation resolution without the SAVE Act, which could be the only way to avoid a government shutdown.

The House speaker is also facing pressure from his right flank to ensure that Democrats cannot use the final months of Joe Biden’s presidency to push through a massive spending bill before the Christmas holidays. Instead, hard-line Republicans are urging leaders to delay the process until next year, in the hopes that Trump will be sworn in for a second term.

Some Republicans have already spoken out against the CR, with Reps. Thomas Massie (R-KY) and Matt Rosendale (R-MT) planning to vote against the bill when it comes to the House floor. Some hardliners, like Rep. Marjorie Taylor Greene (R-GA), who support the SAVE Act but traditionally vote against CRs, are not committing to their vote.

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Vulnerable House Republicans also expressed concern about the House speaker’s proposal following a conference call last week, saying it risked triggering a government shutdown just weeks before the Nov. 5 election.

That poses a math problem for the House speaker, who can only afford to lose four votes on a given measure for it to pass along party lines — meaning Johnson may have to rely on Democratic votes for a clean continuing resolution that would pass the Senate and receive Biden’s signature to keep the government open.