The SAVE Act Could Prevent Millions from Voting
The Safeguard American Voter Eligibility (SAVE) Act has been reintroduced in the U.S. House of Representatives and will be voted on the in the next few days. This legislation would require potential voters to bring proof of U.S. citizenship in-person when registering to vote or updating voter registration information. Acceptable documentation includes: a REAL ID-compliant driver’s license or government issued photo ID that “indicates the applicant is a citizen,” a valid U.S. passport, a birth certificate, or a military ID card with a military record of service that lists the applicant’s birthplace as in the U.S. Currently, people can provide just their driver’s license or social security number to register to vote.
This will present incredible barriers to voting. Documentation like a passport or birth certificate is much more difficult for many people to attain. More than 140 million American citizens do not possess a passport. For context, just 153 million Americans voted in the 2024 presidential general election. Because the SAVE Act would require many voters to use their passport or birth certificate to verify their identity and citizenship, additional barriers to voting could be created for millions of Americans. For example, people who seek name changes often have different names on government IDs compared to original birth certificates. These discrepancies could result in voter registration being delayed or denied. The SAVE Act is an attempt to disenfranchise millions of voters and will most impact vulnerable communities such as the LGBTQ+ community.
What’s in the SAVE Act?
The SAVE Act looks to create insurmountable barriers to voting, especially for many marginalized and already disenfranchised communities. Under this Act, most voters will no longer be able to register to vote with their driver’s license alone. They would need a passport, birth certificate or an “Enhanced Driver’s License”, which are only available in five states. This is in stark contrast of current federal law where anyone registering to vote can provide either their driver’s license number or the last four digits of their Social Security number to provide election officials with the necessary information to verify their identity and voting eligibility. Election officials are always required to cross refence voter eligibility using federal citizenship data from the U.S. Department of Homeland Security, data from the Social Security Administration, death data, and U.S. Postal Service change-of-address data.
The SAVE Act would affect already registered voters as well. Anytime someone changes their address or changes their pollical party, for example, they would need to arrive in-person with an approved form of documentation to make these minor changes. The insistence on registering and re-registering in-person will effectively eliminate online and mail-in voter registration. During the 2022 midterm elections, of the 1 million Americans who registered to vote or updated their voter registration, only 5.9 percent did so in person.
How the SAVE Act will Disenfranchise Voters
The SAVE Act would present challenges for many people, but is particularly insidious for LGBTQ+ voters, especially trans, nonbinary, and intersex voters. Many trans people go by a different name than the one they were assigned at birth. However, not all who want to legally change their name are able to do so. The process varies by state but is often complex and time consuming. Trans, nonbinary, and intersex people may also possess IDs or documentation with a photo that isn’t reflective of their current gender identity or expression. Under the SAVE Act, citizenship documents—such as a passport or birth certificate—would have to match a current photo ID. Many trans, nonbinary, or intersex voters may have incongruous gender identity markers on their official documentation. According to the 2015 USTS, only 11% of trans respondents have the name and gender marker they use on all their identification documents.
However, trans people are not the only people who will find it more difficult to vote under the SAVE Act. People who’ve taken their spouse’s name would have more difficulty registering to vote as their names probably won’t match their birth certificate or passport. This will greatly affect married women as 83% of women change their last name when they marry. Disabled people or older adults with mobility issues will have greater difficulty voting without the online or mail-in options. Working people may not be able to take time to register to vote in-person during worktime hours. The bill’s in-person requirement could also disenfranchise approximately 60 million rural voters, who would have to travel great distances to register to vote. Some voters in Hawaii and Alaska might even need to take flights to update their voter registration data to be eligible to vote. Lower income Americans would be dramatically affected. Only 1 in 5 Americans with income below $50,000 have a valid passport. LGBTQ+ people are more likely than their non-LGBTQ+ counterparts to experience poverty and unemployment.
Conclusion
The SAVE Act is bad for a majority of voters and further disenfranchises LGBTQ+ voters. Non-citizens are already prohibited by law from voting in federal elections and this bill will unjustly prevent millions of voters from participating in elections. To ensure everyone’s voting rights are protected, please contact your Representative today and demand that they vote NO on H.R.22.
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