Want to vote? Bill would require Americans show papers

UNSPLASH

The SAVE Act, which passed the U.S. House of Representatives last week, would require documented proof of citizenship for voter registration. Opponents contend the bill would disenfranchise millions of eligible voters due to barriers in accessing documents like birth certificates that may not accurately reflect registration records. People who change their name due to marriage or divorce or whose birth records include errors are most at risk of being flagged.

A bill that would require official proof of citizenship for voting access is halfway to becoming law.

The U.S. House of Representatives voted 220-208 last week to pass H.R. 22, the Safeguard American Voter Eligibility, or SAVE, Act. All Republicans and four Democrats voted to pass the bill.

“Only American citizens should vote in American elections,” House Speaker Mike Johnson (R-La.) said. “The SAVE Act will ensure this by requiring proof of citizenship for all new voter registrations…[House Republicans] stood united with the millions of legal American voters who want their voices heard – and protected – at the ballot box.”

Opponents contend H.R. 22 would create hurdles that would disenfranchise millions of eligible voters nationwide. The legislation requires every voter to provide documentary proof of citizenship such as a passport or birth certificate every time they register or re-register to vote, moves to the Senate. 

Proponents say the bill will deter noncitizens from voting – which is already illegal. Studies have found noncitizen voting is rare, with occurrence rates ranging from just 0.0003% to 0.0025% nationally. Safeguards are already in place for state voter registration systems and intentionally registering as a noncitizen is a federal crime subject to deportation.

“What the SAVE Act truly does is create a powerful barrier to voting—one that disproportionately affects women, especially those from marginalized communities,” said. Adrienne Kelly, interim executive director at Democracy North Carolina “Around 80% of married women take their spouse’s last name, which often leads to discrepancies between their birth certificates and voter registration records.”

More than 21 million eligible U.S. voters don't have a birth certificate or passport readily available, and opponents contend the burden of providing documentation would disproportionately impact communities of color, rural residents and LGBTQ+ people who are less likely to pay fees associated with accessing them. Black Americans are significantly less likely than their white peers to possess such documentation, with as many as 25% of Black citizens lacking access to a birth certificate with their current legal name, which puts Black women who change their name when they marry at risk of disqualification.

For older Black people, especially those born in the South before the dismantling of state-sanctioned segregation, birth certificates may contain errors, be incomplete, or non-existent.

“This isn’t just an inconvenience; it’s a real obstacle,” Kelly said. “Women of color, immigrant women, LGBTQ+ communities, and those with limited resources already face significant challenges in accessing the documentation they need, and now, the SAVE Act adds another layer, further pushing them away from the ballot box. This isn’t about protecting democracy—it’s about excluding people from it.”

The SAVE Act is an unfunded mandate that forces election officials to create new forms, systems, processes, and public education resources—with no financial support from the federal government. Election officials could face both criminal and civil penalties for any errors made while implementing these complex requirements, forcing officials to deny registration applications from eligible citizens rather than risk potential prosecution. Voter registration efforts could grind to a halt for months on end until administrative systems were in place. 

“By making it harder for millions of Americans to vote, Trump and Republicans are outright trying to silence the people to further grab and consolidate power for themselves and billionaires,” said Britt Jacovich of MoveOn, a progressive public policy advocacy group that  launched a petition opposing the bill. The online petition has gathered more than 28,000 signatures as of April 15.

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