SAVE Act Raises Concerns Over Voter Citizenship Proof Requirements

The courts have repeatedly overturned similar laws passed by U.S. states, often due to violations of federal law, which the Safeguard American Voter Eligibility Act (SAVE Act) aims to change. In 2024, the Supreme Court allowed Arizona to require documentary proof of citizenship for state elections, but not for federal elections. In contrast, the 10th U.S. Circuit Court of Appeals ruled in 2021 that Kansas' SAVE Act-style law imposed an unconstitutional burden on voting rights, resulting in over 31,000 Kansans having their voter registration suspended or blocked.

In mid-2024, Snopes readers began inquiring about the authenticity of the SAVE Act and its potential impact on women's voting rights. Social media users claimed that the act would disenfranchise married women who took their husbands' last names, restricting them from using birth certificates that do not match their legal names for proof of citizenship.

A TikTok video, which has garnered over 200,000 likes, claimed that women who have changed their names after marriage would be ineligible to vote if the bill passes.

The SAVE Act, introduced by U.S. Rep. Chip Roy, R-Texas, mandates documentary proof of American citizenship for voter registration. While using a birth certificate is a common requirement, it must be presented with a government-issued photo ID. If the documents do not match, additional documentation may be needed, complicating the voting process for married women and others who have undergone legal name changes.

In response to concerns, Roy dismissed allegations of disenfranchisement as "absurd speculation" and highlighted that the legislation instructs states to establish processes for handling discrepancies in proof of citizenship documentation.

Although the SAVE Act passed the House, it did not pass in the Senate during the 2023-24 session, meaning it is not law as of now. For President Donald Trump to enact the SAVE Act, it must pass again in the House and receive a two-thirds majority in the Senate. This poses challenges, as the Republicans currently lack the necessary support from Democrats.

The proposed legislation requires voters to provide documents proving U.S. citizenship each time they register to vote, barring online or mail registration. Acceptable documents include passports, government-issued IDs, and REAL ID-compliant IDs. Additional documentation may be necessary if the proof of citizenship does not align with the applicant's legal name.

The SAVE Act also emphasizes the need to accommodate individuals without proof of citizenship, allowing them to demonstrate their citizenship through alternate documentation. Critics argue that the lack of funding for implementation may burden state election officials and delay voter registration.

Demographic groups likely to be disproportionately affected include low-income citizens, voters under 29 or over 80, and Hispanic citizens. Disability rights advocates have likewise expressed concerns about the adequacy of accommodations provided within the bill.

The SAVE Act has received backing from some Republican leaders, who argue it upholds the integrity of American elections against illegal voting. However, claims of non-citizen voting have been debunked by multiple sources. Historical attempts to implement similar proof of citizenship laws have been struck down by courts, indicating potential legal challenges for the SAVE Act.

As the debate continues, both supporters and opponents of the SAVE Act highlight the impact it may have on voter accessibility across the U.S.