Could a Name Change After Marriage Complicate Voting if SAVE Act Passes?

Voting rights groups including the ACLU have raised concerns that new documentation requirements proposed by the SAVE Act could affect voters who recently changed their name, such as after marriage.

 

With Congress revisiting the SAVE Act this week, we decided to share some information about what's being proposed by the bill, along with a few common opinions for and against it.

 

What is the SAVE Act? (Also known as the “Safeguard American Voter Eligibility Act”)

 

The SAVE Act is a federal bill that would amend the National Voter Registration Act of 1993 to require all voters to prove their U.S. citizenship when registering to vote.

 

If passed, voters would need to present specific documents, such as a passport or certified birth certificate, to establish their citizenship when registering to vote in a new location or renewing their voter registration.

 

This amendment might affect you if: 

 

• you don’t have a passport, certified copy of your birth certificate, or other acceptable proof of citizenship
• you recently changed your first or last name (such as following marriage)

 

 

What do you need to register to vote now?

 

Currently, each state has its own process for voter registration. Many states allow residents to register online or by mail, and some states let you register to vote when applying for a new state ID or driver’s license. 

 

In general, all state registration applications require applicants to attest under penalty of perjury that they are a U.S. citizen over the age of 18, are not disqualified by a felony conviction or mental incompetence, and live in the state where they’re registering. 

 

Depending on where you live, you will also likely need to provide your state-issued driver’s license or ID card number or social security number, date of birth, and address. A few states recently passed laws requiring applicants to provide proof of citizenship, including North Dakota and Ohio.

 

 

What’s the law now? Can noncitizens vote? 

 

It is already illegal for noncitizens to vote in state and federal elections in all 50 states, and there are severe penalties for attempting to do so illegally. In fact, voting by noncitizens has been illegal since 1924. Criminal punishments have been in place since 1996, including up to five years in federal prison for filling out a voter registration form.

 

Noncitizens can vote in some municipal elections in a handful of states, for things like the local school board or city council, but it’s uncommon. According to AP News, only some jurisdictions in California, Maryland, Vermont, and the District of Columbia allow this.

 

 

What would the SAVE Act change? Why is it making headlines?

 

The SAVE Act would add ‘proof of citizenship’ to the list of required documents needed to register to vote. Instead of simply stating you’re a citizen, you’ll need to present documents proving it. 

 

While this proposal may seem fairly straightforward at first, as a way to ensure that current voting laws are followed, it’s a bit complicated. And because it affects our protected right to vote – adding a new barrier to voting – it’s making headlines. 

 

We’ll talk about this more below, but here a brief look at what's in those headlines: 

 

Those in favor of the bill say it will protect election integrity by helping to reduce voter fraud by noncitizens, such as green-card holders and unauthorized immigrants.

 

People against the bill say that the SAVE Act addresses an issue that’s already covered by current laws, and adds an unnecessary burden to the voter registration process, making it harder for many Americans to vote.

 

 

Now, let’s look at a few opinions for and against the SAVE Act that Congress is revisiting this week. 

 

Those in favor of the SAVE Act say…

 

Those who support the SAVE Act say that it will help protect the integrity of elections by making it harder for non-citizens to vote. 

 

Supporters argue that current penalties aren’t sufficient to prevent fraud, and that requiring proof of citizenship when registering would add an important safeguard. These advocates say that there is widespread voter fraud to worry about, and that the SAVE Act is a necessary step toward preventing it. 

 

(It’s worth noting here that there’s no clear proof of widespread voter fraud yet, however. Many experts currently say that this circumstance is very rare, and that there’s already a clear paper trail to follow if a noncitizen attempts to vote.) 

 

 

Those against the SAVE Act say…

 

Those against the SAVE Act point out that it is already illegal for noncitizens to vote in all state and federal elections, and that adding more documentation to the registration process is an unnecessary burden on voters. They say that it will make it harder for people who change their name to vote, including women and men who change their name after marriage. They also point out that young people may have a harder time voting, as many do not have a passport. 

 

Why is name change after marriage an issue? When you change your name after marriage (or for any other reason), the name on your birth certificate and your other identifying documents might not match. Officials reviewing your documents when you try to register may reject your paperwork, and you may not be able to cast your ballot. 

 

(It’s worth mentioning here that some voter registration applications have space on the form for a maiden name, which may reduce confusion in some cases. But not all states ask this, and name changes happen for many reasons.)

 

 

So what’s the right choice? For, or against? 

 

Some people against the bill say that any proposed benefits – such as ensuring the integrity of elections – are outweighed by the potential harms caused by amending the law. Those in favor of the bill say that strengthening protections for the integrity of elections is vital to the health of the country. 

 

Given the pros and cons, how would you vote? Do you know how your state legislators in Congress are voting? Talk about it with your friends and family, and read more about it in news sources online to learn more! 

 

Disclaimer: This article is intended for educational purposes only and does not represent an endorsement of or opposition to any legislation. AMM is a non-profit, interfaith, and non-denominational constitutional church. We provide free ordination, advocacy, and training for our ministers to ensure that all people have the right to get married and to perform marriage.
 

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Read Next: 

 

• What Wedding Officiants Need to Know About Name Changes, Wedding Customs, and Patriarchy
   
• How Do I Change My Legal Name on My Minister Profile and Ordination Documents?
   
• ‘Naming Ceremonies’ at Any Stage of Life: How Celebrants Create Space for Authentic Identity
   
• Vow Renewal after Transitioning: Celebrate a New Chapter in Your Marriage
   

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