The Impact of the SAVE Act on Voter Registration for Women and Other Groups

The Safeguard American Voter Eligibility (SAVE) Act has stirred controversy, particularly among women and other groups, due to its requirement for documentary proof of U.S. citizenship to register to vote. While the bill is not yet law, it has sparked debates about how it could affect voting rights, especially for married women who change their last names, and individuals without easily accessible proof of citizenship.

What is the SAVE Act?

The SAVE Act, which passed the House of Representatives in 2024, would require U.S. citizens to show proof of citizenship when registering to vote. This could include documents like passports or government-issued photo IDs that meet the standards of the REAL ID Act. The bill also proposes that online and mail-in voter registration be banned, requiring people to register in person with documentation each time they register or re-register in a new state.

Though it has not passed the Senate yet, and it faces challenges ahead, the bill has been presented as a way to ensure the integrity of elections by preventing noncitizens from voting.

Concerns for Women and Name Changes

A key concern is how the SAVE Act would impact women who change their last names after marriage. A significant portion of women—up to 80%, according to Pew Research—take their husband's last name after marriage. However, the bill does not explicitly address this issue, and there is concern that a woman’s birth certificate and legal name may not match, especially if they changed their name after marriage.

Research shows that about 34% of voting-age women lack documents that match their legal name with proof of citizenship, which could prevent them from being able to vote. Under the SAVE Act, these women may face additional hurdles when proving their citizenship, as their birth certificate, which is typically used to prove citizenship, may not align with their legal name.

In response to these concerns, Rep. Chip Roy, who introduced the bill, stated that the bill allows states to establish a process for individuals to provide additional documentation in case of discrepancies with their citizenship documents, such as name changes due to marriage.

How the SAVE Act Could Affect Other Groups

While the bill aims to prevent noncitizens from voting, it could have a disproportionate impact on several groups. Research suggests that low-income citizens, young voters, older citizens, and Hispanic Americans are less likely to have readily available proof of citizenship. Additionally, a large number of Americans—approximately 9% of voting-age citizens—don’t have access to proof of citizenship documents due to reasons like lost, stolen, or destroyed records. These groups could face barriers to voting under the new rules, as they might struggle to meet the documentation requirements.

The SAVE Act also raises concerns for people with disabilities, as it does not provide specific guidelines for accommodations for voters with disabilities, despite directing states to offer "reasonable accommodations."

What If You Don’t Have Your Birth Certificate?

If someone doesn’t have their birth certificate or other required documents, the bill directs states to create a process where additional evidence can be submitted to establish U.S. citizenship. This could include adoption records, hospital birth certificates, or military ID cards. However, the bill does not specify what "sufficient evidence" would look like, and states may struggle to implement this new system without additional funding or clear guidelines.

Legal Precedents and Challenges

The SAVE Act is not the first attempt to require proof of citizenship for voter registration. Several states, including Arizona and Kansas, have previously tried similar laws, but many of those laws were overturned by courts due to violations of federal law, such as the National Voter Registration Act. In 2024, the Supreme Court ruled that Arizona could require proof of citizenship for state elections but not federal elections. This decision highlights the ongoing legal challenges related to such laws.

In Kansas, a similar law caused significant problems when over 31,000 residents had their voter registrations blocked because they couldn't provide the required proof of citizenship. The law was criticized for creating an undue burden on voters, particularly among those who couldn't afford to obtain new birth certificates or prove their citizenship.

Why Do Republicans Support the SAVE Act?

Republicans, including Rep. Chip Roy, argue that the SAVE Act is necessary to protect the integrity of elections. Roy claims that the bill would prevent illegal immigrants from registering to vote and strengthen existing laws that allow only U.S. citizens to vote in federal elections. However, critics have argued that the bill could disenfranchise millions of eligible voters, particularly those in marginalized communities.

The Road Ahead

The SAVE Act has passed the House, but it still faces significant hurdles in the Senate. To become law, it would need to pass both chambers of Congress and receive the president's approval. It’s a priority for Republican leadership, but it is unclear whether the bill will gain the necessary support to overcome the filibuster and become law.

As it stands, the SAVE Act remains a proposed piece of legislation that could significantly change voter registration processes, especially for women who change their last names, low-income citizens, and other groups without easily accessible proof of citizenship.