Will the SAVE Act make it harder for married women to vote? We ask legal experts
As the Safeguard American Voter Eligibility Act heads to the Senate, there has been growing debate on how the bill may affect voting for millions of married women, particularly those who have changed their last names, if it becomes law.
The legislation, known as the SAVE Act, looks to make sweeping reforms on voter registration. It was introduced in response to fears about voter fraud, though research has consistently showed that such incidents are exceedingly rare and not a significant factor in American elections.
Among the most notable changes outlined in the bill is the requirement to prove U.S. citizenship before registering to vote. Acceptable documents will include a birth certificate, U.S. passport, naturalization paperwork and certain versions of the Real ID that indicate citizenship.
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But for as many as 69 million American women who have taken on their spouse's name, their birth certificates no longer match the names they use today, according to an analysis by the progressive Center for American Progress. Meanwhile, more than half of all Americans do not have a passport, according to a 2023 YouGov survey.
Some lawmakers who oppose the SAVE Act argue that the bill could make it harder for married women to vote. "This voter suppression bill will disenfranchise millions of voters, especially married women," Democratic Rep. Ilhan Omar of Minnesota said on social media.
Meanwhile, supporters of the SAVE Act assert that the legislation orders states to determine what additional documents should be required when local voters have a discrepancy on their proof of citizenship document.
"The Democrats have been fearmongering about this bill, have been saying if married women change their name, they would not be able to vote. That is complete fallacy," White House press secretary Karoline Leavitt said at a press conference on Friday.
Getting legal documents could be a challenge for some women
Legal experts told NPR that states can ease this potential hurdle by accepting secondary documents like a legal decree of a name change or a marriage certificate, but it might not fix the issue for all married people.
Tracy Thomas, a professor of constitutional law at the University of Akron, said the issue is that court decrees are uncommon since they are generally not required for married individuals who want to change their name.