Overview of the SAVE Act

The recently passed Safeguard American Voter Eligibility (SAVE) Act, approved by the U.S. House of Representatives on April 10, raises questions about its ramifications for married individuals who have adopted their spouse’s last name. Specifically, concerns are centered around the challenges these voters may face when registering to vote.

Key Requirements of the SAVE Act

This legislation, which is slated to advance to the Senate, seeks to amend the National Voter Registration Act of 1993. If passed, it would enforce strict documentary proof of citizenship requirements for voter registration potentially complicating the process for many.

Under the new rules, commonly accepted forms of identification, like a driver’s license, would no longer suffice as proof of citizenship. Instead, voters would need to present official documents such as:

• U.S. passport
• Birth certificate
• Naturalization papers

Impact on Married Voters

According to an analysis by the Center for American Progress, approximately 69 million individuals may encounter difficulties if their voter registration name does not align with their birth certificate. Greta Bedekovics, the center’s associate director of democracy policy, emphasized, “The fate of those 69 million women is basically up in the air, the way the bill is written.”

Furthermore, the law could adversely affect military and rural voters who often rely on mail-in or online registration. Bedekovics noted that the in-person registration requirement would disproportionately challenge rural voters, who may not possess a passport or have to travel extensive distances to obtain necessary documents.

Legal and Administrative Challenges

As reported by Congress.gov, the SAVE Act includes provisions for criminal penalties related to the registration of those lacking appropriate documentation. Eliza Sweren-Becker, senior counsel with the Brennan Center’s Voting Rights and Elections Program, pointed out that the legislation lacks clarity on the specific documentation needed for married individuals, further complicating the registration process.

“This in-person ‘show your papers’ requirement would keep many eligible voters out of the voting booth, beyond the millions who already lack ready access to their citizenship documents,” she said, highlighting potential administrative chaos resulting from the implementation of these new regulations.

Current Voter Registration Laws

As of January 2025, eight states require proof of citizenship for voter registration, indicating a growing trend toward stricter voter ID laws. Public opinion generally favors voter ID requirements, with a 2024 Gallup survey revealing that over 80% of respondents supported proof of citizenship for first-time voters.

Conclusion and Recommendations

Proponents of the SAVE Act, including U.S. Representative Mike Kelly from Pennsylvania, argue that such measures are crucial for preventing noncitizen voting—a phenomenon that is both illegal and exceedingly rare. A study by the Brennan Center for Justice after the 2016 election identified only 30 suspected instances of noncitizen voting out of 23.5 million ballots cast.

With the potential ramifications of the SAVE Act, Bedekovics advises that married women changing their names should retain certified copies of their marriage certificates, birth certificates, and any change-of-name documentation to facilitate updates to their voter registration.