Married Women’s Voting Rights Could Be Impacted by SAVE Act

The SAVE Act might create hurdles for married women trying to register to vote / George Walker IV/AP Photo

The Safeguard American Voter Eligibility (SAVE) Act, reintroduced by Texas Republican Representative Chip Roy, has raised concerns due to its potential impact on married women’s ability to register to vote. The bill, which seeks to amend the National Voter Registration Act, aims to ensure that only U.S. citizens are able to register and vote. Under the provisions of the SAVE Act, individuals will be required to provide in-person documentation to prove their citizenship when they attempt to register.

A key component of the SAVE Act is that it demands all registrants to present a birth certificate that matches the name they use to register. However, this presents a challenge for many women who have changed their legal names after marriage. According to the Center for American Progress, approximately 69 million married women in the U.S. have modified their last names following marriage, creating a discrepancy with the name on their birth certificates.

Impact of the SAVE Act on Married Women and Voter Registration

The SAVE Act aims to curb illegal voting, especially by noncitizens, amid political concerns regarding election integrity. Conservatives argue that ineligible individuals, such as illegal immigrants, are voting, while liberals assert that there is no substantial evidence supporting this claim. The bill was introduced as a countermeasure to laws and policies that have made it more difficult to verify voters' identities, such as those that limit voter ID checks. However, the SAVE Act has been criticized for potentially disenfranchising certain groups of eligible voters, including Black citizens who have historically faced voter suppression.

The proposed law could disproportionately affect married women, along with other individuals who have changed their names for legal or personal reasons. If a married woman’s name does not match her birth certificate, she could face significant barriers to voter registration under the new law. This is particularly troubling given that a significant portion of U.S. residents—approximately 146 million people—do not hold a valid passport, which would be required to verify identity under the SAVE Act.

For women who have changed their names, the process of registering could become burdensome. In addition to a birth certificate, they might need to provide multiple additional documents to establish their identity, including their marriage certificate and potentially other government-issued IDs. This could create confusion and significant delays, especially since the SAVE Act does not currently recognize a marriage certificate or proof of name change as valid documentation for voting purposes.

The SAVE Act’s Potential Unintended Consequences

Jonathan Diaz, the director of voting advocacy at the Campaign Legal Center, explained that the SAVE Act introduces multiple obstacles that could make it difficult for individuals to register to vote. He pointed out that this could be seen as a deliberate effort to make voter registration more difficult, especially for those who are already at a disadvantage in accessing proper documentation.

Chip Roy, the bill’s sponsor, argued that the SAVE Act includes provisions for states to implement a process that allows voters with name discrepancies to provide additional documents. However, Diaz countered that the bill creates contradictory requirements at the federal and state levels, making it unclear how the system would work in practice. He emphasized that many women, particularly those who have changed their names after marriage, do not possess the documentation necessary to meet these new registration criteria.

In practice, the bill could require voters to present multiple documents in person at election offices, creating a cumbersome and expensive process. These hurdles could deter eligible voters from participating in the electoral process, particularly those who do not have easy access to government-issued IDs or other necessary records.

Wider Implications for Voting Rights

The impact of the SAVE Act extends beyond married women. A Pew study found that more Republican women tend to change their names after marriage compared to Democratic women, meaning the bill could unintentionally reduce voting opportunities for Republicans. Additionally, the states with the lowest passport ownership rates—such as West Virginia, Mississippi, and Alabama—are some of the most conservative in the U.S. This means that the SAVE Act could disproportionately affect voters in these states, where a significant portion of the population lacks access to the required identification.

Several states have previously attempted to implement similar documentary requirements, only to face legal challenges. For instance, Arizona introduced documentary proof of citizenship to vote, but this was overturned in federal elections after a court ruling. Critics argue that the SAVE Act could face similar challenges, as it could block eligible citizens from voting, particularly in states with large minority populations or where voters already face challenges to their right to vote.

Voter Identification and Election Security

Supporters of the SAVE Act, such as Cleta Mitchell, founder of the Only Citizens Vote Coalition, argue that ensuring only citizens vote is vital for maintaining the integrity of U.S. elections. The SAVE Act, they assert, would help prevent illegal voting and protect the rights of lawful citizens. However, the bill could also unintentionally make it harder for eligible Americans to register, particularly those who face barriers to obtaining the required documents.

Campaign Legal Center’s Diaz criticized the bill for placing a heavy burden on states to implement complex systems without providing the necessary funding or resources. The result could be an unequal system where some citizens face greater challenges in registering to vote, further disenfranchising those who already face difficulties.

Looking Ahead

The SAVE Act was reintroduced in July 2024, but it did not pass the Democrat-controlled Senate. However, with Republicans now controlling both chambers of Congress and the White House, the bill may have a higher chance of passing in the future. While it aims to address concerns about noncitizen voting, the bill’s provisions could ultimately make it more difficult for U.S. citizens to register and vote.

If the SAVE Act passes, its actual impact on noncitizen voting could be minimal, given the low instances of noncitizen voter participation. However, its effect on eligible citizens, particularly married women who have changed their names, could be far-reaching, making the process of voter registration more difficult and potentially discouraging many Americans from participating in the democratic process.

The bill will likely face significant opposition from civil rights groups, which warn that it could disproportionately affect vulnerable communities, including racial minorities and those who already face challenges in accessing the documentation needed to register to vote. As the debate over election integrity continues, the SAVE Act remains a controversial and divisive proposal that could shape the future of voting rights in the United States.