Joshua Bogdan, a 31-year-old resident of New Hampshire, encountered unexpected difficulty when attempting to vote in last fall’s local elections. Despite having voted previously without issue, Bogdan was told he needed to present either a passport or a birth certificate to prove his citizenship due to a new state law requiring proof of citizenship for voters who have moved and need to reregister.
A National Push, Despite Noncitizen Voting Being Rare
Bogdan’s experience foreshadows potential challenges for millions of voters nationwide if Republican-led legislation, aggressively pushed by President Donald Trump, becomes law. The Safeguard American Voter Eligibility (SAVE) Act has already cleared the U.S. House on a mostly party-line basis and is scheduled for debate in the U.S. Senate next week.
Although Republican messaging emphasizes a photo ID requirement, the most significant consequence of the SAVE Act would be a mandate for documentary proof of citizenship to register to vote in federal elections. Noncitizens are already prohibited from voting in federal elections, and instances of noncitizen voting are rare.
Complying with the New Requirements May Be Difficult
The SAVE Act’s requirements are not straightforward. A REAL ID-compliant driver’s license would need to indicate citizenship, but only five states—Michigan, Minnesota, New York, Vermont, and Washington—currently offer such licenses. Standard driver’s licenses, available to both citizens and noncitizens, generally do not.
Even military ID cards are not sufficient on their own; they must be accompanied by a military “record of service” indicating the person’s birthplace in the U.S. The standard DD214 form does not currently include this information.
Obtaining a passport, which would effectively meet the requirement, presents its own hurdles. Approximately half of American adults currently possess a valid passport, and obtaining one can take four to six weeks, costing at least $165. The State Department recently reversed layoffs, but also recently forbade passport processing at some public libraries.
A birth certificate is an alternative, but obtaining a certified copy can also take weeks, with New York currently experiencing a four-month waiting period. Individuals whose birth certificates do not match their current IDs—often women who changed their names after marriage—may require additional documentation.
The SAVE Act does not include a phase-in period for implementation. A 2025 University of Maryland study estimates that 21.3 million eligible Americans do not have easy access to documents proving their citizenship, including nearly 10% of Democrats, 7% of Republicans, and 14% of unaffiliated voters.
Frequently Asked Questions
What is the Safeguard American Voter Eligibility (SAVE) Act?
The SAVE Act is Republican-led legislation that would require voters to provide documentary proof of citizenship to register to vote in federal elections. It has cleared the U.S. House and is awaiting debate in the Senate.
What documents would be accepted under the SAVE Act?
The list of qualifying documents includes a REAL ID-compliant driver’s license, military ID with a record of service indicating birthplace, and a certified birth certificate. However, many of these documents have specific requirements to qualify.
What challenges might voters face in complying with the SAVE Act?
Challenges include the time and cost of obtaining a passport, potential backlogs in obtaining birth certificates, and the fact that many standard driver’s licenses do not indicate citizenship.
As the SAVE Act moves through the Senate, it remains to be seen whether these potential hurdles will be addressed, or if millions of eligible voters could face increased difficulty exercising their right to vote.
