The SAVE Act: A Threat to Voting Rights in America
How Proposed Legislation Could Disenfranchise Millions of Eligible Voters
In a move that has sparked widespread concern among voting rights advocates, House Republicans are pushing for a vote on the Safeguard American Voter Eligibility Act (SAVE Act). This bill, if passed, could potentially disenfranchise millions of eligible voters across the United States.
The SAVE Act (H.R. 22) aims to change voter registration policies by requiring citizens to present documentary proof of citizenship in person when registering to vote or updating their registration information. This would necessitate presenting a passport or birth certificate, documents that more than 21 million citizens do not have readily available. The bill's supporters, including the Heritage Foundation and conservative groups led by former Trump lawyer Cleta Mitchell, argue that these measures are necessary to prevent undocumented voting, despite studies showing such incidents are extremely rare.
Impact on Voters
The implications of the SAVE Act are profound. According to the Brennan Center for Justice, tens of millions of voters would face significant barriers when updating their address after moving or re-registering between elections. The bill allows for "Enhanced Drivers Licenses" that show proof of citizenship, but only five states currently offer them. Most "Real ID"-compliant documents and military or tribal IDs would not be accepted under the law.
The SAVE Act's requirement for documentary proof of citizenship disproportionately affects those without passports. Roughly 140 million Americans do not hold a passport. This means they would have to rely on their birth certificates as proof of citizenship. However, many individuals, including married women who have changed their names, transgender individuals, and those from lower socioeconomic backgrounds, may find it difficult to provide a birth certificate that matches their current legal name. Additionally, obtaining a passport can be a lengthy and costly process, further complicating access to voting for those who do not already possess one.
Disproportionate Effects
The SAVE Act would disproportionately affect people of color, young people, elderly people, and married women who have changed their names. Around 69 million American women who changed their names in marriage do not have a birth certificate that could be used as proof. Socioeconomic differences exacerbate the bill’s problems, with only 1 in 5 Americans with income below $50,000 having a valid passport.
Impact on Trans and Non-Binary Individuals
Transgender and non-binary individuals who have legally changed their names would face significant challenges under the SAVE Act. Many transgender people go by a different name than the one they were assigned at birth, and not all who want to legally change their name are able to do so due to complex and time-consuming processes. The SAVE Act would require voters to present a birth certificate that matches the name on their ID, which could force transgender individuals to use a name and gender they do not identify with. This legislation would further discriminate against transgender people and could keep millions of voters out of the voting booth.
Additional Concerns
The SAVE Act would also eliminate online voter registration and voter registration drives nationwide. This would set voter registration technology back by decades and be unworkable for millions of Americans, including more than 60 million people living in rural areas. Furthermore, the bill would prevent Americans from registering to vote by mail, requiring them to appear in person with original documentation.
Legislative Timeline
The SAVE Act (H.R. 22) is currently in the first stage of the legislative process. It was introduced into Congress on January 3, 2025. The House Majority Leader indicated on April 3, 2025, that this bill may be considered in the week ahead. So, it is likely to go through the House of Representatives very soon.
Conclusion
As House Republicans prepare to vote on the SAVE Act, it is crucial to recognize the potential consequences of this legislation. By imposing stringent requirements on voter registration, the bill threatens to disenfranchise millions of eligible voters, undermining the democratic process. Voting rights advocates must continue to raise awareness and oppose measures that restrict access to the ballot box.