MORRISVILLE, NC, April 10, 2025 — The House of Representatives’ passage of the Safeguarding American Voter Eligibility Act (SAVE Act) marks a devastating setback for voting rights in the U.S., potentially creating unprecedented barriers to the ballot box that could effectively disenfranchise millions of eligible voters nationwide. The legislation, which requires every voter to provide documentary proof of citizenship—typically a passport or birth certificate in-person—every time they register or re-register to vote, now heads to the U.S. Senate.
More than 21 million eligible U.S. voters don’t have a birth certificate or passport readily available. The economic burden of securing documentation falls harder on Black, Latine, Indigenous, Asian American & Pacific Islander, and LGBTQ+ communities, which continue to face wealth disparities stemming from historical discrimination. Specifically, Black Americans are significantly less likely than white Americans to possess the required documentation, with as many as 25% of Black citizens lacking access to a birth certificate with their current legal name. For older Black Americans born during segregation, particularly in Southern states, birth certificates may contain errors, be incomplete, or not exist at all.
The SAVE Act is an unfunded mandate that forces election officials to create new forms, systems, processes, and public education resources—with no financial support from the federal government. Election officials could face both criminal and civil penalties for any errors made while implementing these complex requirements, forcing officials to deny registration applications from eligible citizens rather than risk potential prosecution. Voter registration efforts could grind to a halt for months on end until administrative systems were in place.
Moreover, the SAVE Act is a solution in search of a problem. Numerous studies have found that instances of noncitizen voting are exceedingly rare, with occurrence rates ranging from just 0.0003% to 0.0025%. Voter registration systems already have multiple safeguards in place and intentionally registering to vote as a noncitizen is a federal crime with significant penalties such as deportation. By imposing stringent requirements with little justification, the legislation risks creating far more harm than it prevents.
Adrienne Kelly, Interim Executive Director for Democracy North Carolina, warns the passage of this bill could set a dangerous precedent.
“What the SAVE Act truly does is create a powerful barrier to voting—one that disproportionately affects women, especially those from marginalized communities. Around 80% of married women take their spouse’s last name, which often leads to discrepancies between their birth certificates and voter registration records.
This isn’t just an inconvenience; it’s a real obstacle. Women of color, immigrant women, LGBTQ+ communities, and those with limited resources already face significant challenges in accessing the documentation they need, and now, the SAVE Act adds another layer, further pushing them away from the ballot box. This isn’t about protecting democracy—it’s about excluding people from it.”
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Democracy North Carolina is a statewide nonpartisan organization that uses research, organizing, and advocacy to strengthen democratic structures, build power among disenfranchised communities, and inspire confidence in a transformed political process that works for all.