Lawmakers returned to Capitol Hill on Monday and are preparing to vote on a continuing resolution with the Safeguard American Voter Eligibility Act attached as they attempt to avoid a government shutdown. The messaging bill, which would bar noncitizens from voting in federal elections, is backed by House GOP leadership and former President Donald Trump and would extend funding for the government until March 28 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 been silent on whether they support the CR with the SAVE Act attached. The Washington Examiner reached out to the lawmakers multiple times on how they plan to vote on the House floor 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 “unserious and unacceptable,” arguing that the House needs to pass a spending deal “free of partisan policy changes.”

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

Of the five 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 “toss-up” races, and Gonzalez’s seat is ranked “lean Democrat.” Democrats in tight, competitive races or states that voted for Trump in 2020 tend to vote outside party lines to match their constituency, so a vote for the CR from any of the five would not be surprising.

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

The speaker is also facing pressure from his right flank to guarantee that Democrats cannot use President Joe Biden’s final months in a lame-duck period to push through a massive spending bill before the Christmas recess. Instead, hard-line Republicans are urging leadership to delay the process until next year after they hope Trump is sworn in for a second term.

Some Republicans have come out against the CR already, 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 hard-liners such as Rep. Marjorie Taylor Greene (R-GA), who support the SAVE Act but traditionally vote against CRs, are noncommittal on their votes.

Vulnerable House Republicans also voiced concern over the speaker’s proposal following a conference call last week, saying it risks a government shutdown weeks before the Nov. 5 election.

This poses a math problem for the speaker as he can only afford to lose four votes on any given measure 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.