Experts Caution That Proposed SAVE Act May Complicate Voting for Certain Married Women: Who Would Be Impacted?

A claim circulating on social media indicates that married individuals who have changed their last name may encounter challenges when attempting to vote under the proposed Safeguard American Voter Eligibility (SAVE) Act.

Experts suggest that while the bill, which passed in the U.S. House of Representatives on Thursday, April 10, does not outright block these voters from casting ballots, it could impose hurdles to registration by necessitating additional documentation.

The measure is now set to move to the Senate. If it is approved there and subsequently signed into law, the act would amend the National Voter Registration Act of 1993, which mandates states to provide voter registration when obtaining a driver’s license, requiring proof of citizenship documentation for registration.

This change would mean that commonly used forms of ID for voter registration, such as driver’s licenses, would no longer suffice, as they aren’t typically regarded as proof of citizenship. Instead, voters would be required to provide documents like a U.S. passport, birth certificate, or naturalization papers to register.

The Center for American Progress has estimated that up to 69 million individuals have adopted their spouse’s name but lack a corresponding birth certificate. “The fate of those 69 million women is essentially uncertain, given the bill’s language,” stated Greta Bedekovics, associate director of democracy policy at the Center for American Progress, which is a left-leaning policy and advocacy organization.

Critics contend that the legislation could also complicate voting for military and rural voters by disrupting both mail-in and online voter registration processes. Bedekovics pointed out that it would make visiting the election office in person the only feasible option for Americans nationwide to register to vote, adding that rural residents might be less likely to have a passport and may need to travel for hours to obtain and submit necessary documentation.

According to Congress.gov, the bill also “imposes criminal penalties” for registering individuals who lack the appropriate documents to vote.

Eliza Sweren-Becker, senior counsel at the Brennan Center’s Voting Rights and Elections Program, remarked that the bill “does not specify what additional documents” married individuals would need to present. She added that “election officials, who might face legal risks under the bill, could be reluctant to register women whose documents do not match their current names.”

“This in-person ‘show your papers’ obligation would exclude many eligible voters from the polls — in addition to the millions who already struggle to access their citizenship documentation — and create chaos for election administration,” stated Sweren-Becker.

As of January 2025, eight states require proof of citizenship to register to vote, according to the National Conference of State Legislatures.

A broad majority of Americans support voter ID requirements and proof of citizenship. A 2024 Gallup survey discovered that over 80% of participants backed citizenship proof requirements for first-time voters.

Proponents of the bill, including U.S. Rep. Mike Kelly, a Republican from Pennsylvania, advocate for it as a necessary measure to prevent noncitizens from voting.

However, noncitizen voting is already illegal and uncommon. A study conducted by the nonpartisan Brennan Center for Justice following the 2016 election unearthed merely 30 suspected cases of noncitizen voting out of 23.5 million ballots cast in the 42 jurisdictions examined.

A 2023 Pew Research survey revealed that approximately 80% of women married to men in the U.S. take their husband’s last name. Under the SAVE Act, if their voter registration name differs from what is on their birth certificate or passport, they may be required to provide additional documentation.

If the SAVE Act were enacted, Bedekovics advised that married women who have changed their names should secure certified copies of all marriage certificates, find their birth certificates, and retain any name change documentation to update their voter registration as needed.