Senate GOP Plans Novel Floor Push for Voter ID Bill: Explained

Senate Republicans are putting contentious voter ID legislation on the floor this week in an effort to mollify President Donald Trump and his allies vocally pushing it as a top priority before the midterm elections.

Trump, House hardliners, and conservative activists are demanding the Senate do whatever it takes to pass the SAVE America Act, pressing them to blow up the chamber’s signature filibuster rule or skirt around it with a so-called talking filibuster. Majority Leader John Thune (R-S.D.) has repeatedly said Republicans don’t have the votes to do either.

Instead, Senate Republicans are planning a unique process of marathon floor sessions considering the bill that will ultimately end with a 60-vote threshold. This method gives Republicans more control and shouldn’t last as long as a true talking filibuster, though it’s not expected to overcome Democratic opposition.

The tactic isn’t likely to quiet intraparty disputes over Trump’s top legislative priority. House hardliners and activists have called the plan performative and skeptical Senate Republicans have said it’s a waste of time.

“I actually think there’s more risk than there’s reward,” Sen. Thom Tillis (R-N.C.) said.

Here’s what to know ahead of a drawn-out week of debate:

What are Senate Republicans planning?

The House passed voter ID legislation (S. 1383; BGOV Bill Analysis) last month and since then pressure on the Senate has been building. Thune announced Thursday he would put the flagship election bill on the floor for “full and robust debate” this week.

The Senate expects to take up the message from the House to get on the bill, Thune said. Early this week, senators plan to open debate with a majority vote, which would then lead to extended sessions on the floor, according to a Senate leadership aide.

This method will give Republicans more control of the floor and amendments. Republicans are preparing amendments or a substitute amendment that could reflect Trump’s requests to add ancillary policies to the bill, including on transgender women in sports and gender-affirming surgery.

How is this different from an actual talking filibuster?

A talking filibuster requires senators to speak continuously to delay consideration of bills, allowing the minority unlimited amendments and debate that could stall the floor for months. That method would block other floor action, such as the nomination of Sen. Markwayne Mullin (R-Okla.) to be homeland security secretary and any deal to end the shutdown of the Department of Homeland Security.

This pseudo talking filibuster isn’t expected to last months and Republican senators say they can control amendments to avoid Democrats forcing politically uncomfortable votes. Senators from both sides of the aisle are expected to speak in this scenario, instead of just Democrats exhausting their time. It’s also possible for them to toggle off to address other items like a potential DHS funding deal, according to the aide.

How long would this last?

“We’ll see” was how Thune answered reporters as lawmakers left for the weekend. Once senators get on the bill, it’s up to Republicans to decide when to set up a 60-threshold vote to end debate.

There are already divisions over how long this should go, with some senators estimating it could be a week or longer. Sen. Mike Lee (R-Utah) said he wants them to stay overnight and weekends and doesn’t want to end the process until they can get to 60 votes.

But not all Senate Republicans support the bill and not a single Senate Democrat backs it, leaving no clear path to 60. Sen. Lisa Murkowski (R-Alaska) warned that imposing new federal requirements now would threaten the integrity of the midterms. Democrats will likely need to keep at least one senator on the floor to prevent Republicans from calling a vote when no one is there.

Will this move alleviate GOP tension?

It’s unlikely. Some House Republicans are already openly criticizing Thune and labeling the plan futile. Hardliners are demanding Thune blow up the Senate’s filibuster rules altogether or force a real talking filibuster.

Rep. Keith Self (R-Texas) said Thune is “gaslighting the American people.” Rep. Greg Steube (R-Fla.) called it “completely performative.”

Trump called on Thune to “be a leader” and deliver the votes. But Thune has repeatedly said he can’t control the outcome — and compared the divisions to being part of a family.

“You have differences of opinion along the way, and you don’t always get 100% of what you want, but that’s part of the deal,” Thune said. “It’s the nature of the beast, as my dad used to say.”

Are opinions changing on the filibuster?

More senators have come out in support of a talking filibuster amid the pressure campaign, but it’s not unanimous. Thune said repeatedly the votes aren’t there for any filibuster changes.

Trump did flip a key Republican this past week, though. Sen. John Cornyn (R-Texas), who’s seeking Trump’s endorsement in a tough primary runoff, announced he’d support “whatever changes to Senate rules may prove necessary,” a reversal from his previous stance.

“It just confirms what I already know about our base, who’d like to end the filibuster,” Sen. Ron Johnson (R-Wis.) said of Cornyn’s reversal. Johnson said he’s suggesting the Senate take a vote on ending the filibuster after the SAVE America Act to get everyone on the record — showing that this week’s tactic isn’t likely to stop the debate over the chamber’s rules anytime soon.