The Issue
The SAVE Act, formally known as the Safeguard American Voter Eligibility Act, is a proposed U.S. bill that would require individuals to provide documentary proof of U.S. citizenship—such as a passport, birth certificate, or enhanced ID—to register to vote in federal elections. It passed the House on February 11, 2026, by a vote of 218–213 along party lines, with one Democrat joining all Republicans in support. The bill now moves to the Senate, where it faces significant hurdles due to the 60-vote threshold needed to overcome a filibuster and opposition from some Republican senators concerned about federal overreach.
The bill mandates that states cannot register voters unless they present approved documents verifying citizenship. Standard driver’s licenses, tribal IDs, and military IDs alone would not suffice unless they explicitly indicate citizenship status, which most do not.
The 2026 version, also called the SAVE America Act, includes a photo ID requirement to vote in person and stricter rules for mail-in voting, such as submitting a copy of an eligible ID. It also requires states to purge non-citizens from voter rolls and share unredacted voter data with the Department of Homeland Security.
Critics argue the bill would disenfranchise eligible voters, many of whom may lack immediate access to required documents. Studies estimate 21.3 million citizens do not have easy access to proof of citizenship. Opponents also note that noncitizen voting is already illegal and extremely rare.
Getting the Documents
Vital records (birth, marriage, death) are usually stored by the county where the event took place. They may have a Vital Records department, or some records (such as recent births and deaths) may be stored by the Health Department.
If you need a copy of your birth certificate, you can probably go in person to the county offices. If you have moved away, you can probably do this online or by mail. (This cannot be done by making a phone call.) Your county may offer forms on its website, or it may direct you to a third-party (for-profit) provider. In any case, getting a copy of your certificate is not a free service. Fees vary, but in most cases will not be more than $35.00. If you use the third-party service, their fee will be $10.00 - $15.00. There may be additional charges for shipping.
You need to know the difference between an "informational copy" and a "certified copy". The informational copy comes stamped with the words "Not for identification". The certified copy is provided only to authorized people, such as the person in question and certain close family members. As an authorized person, you will have to provide a notarized declaration swearing that you are who you are. Notary fees vary, depending on where you go, but probably will be around $20.00.
Depending on how busy your county is these days, it can take several weeks (maybe a few months) to receive the certificate. By the way, if you want more than one, you'll have to pay an additional fee for each copy. (They come on nice paper with a raised logo.) If your county's records were destroyed in a hurricane, fire, or flood, you will not be able to get a copy.
Some people don't have a birth certificate because they were born at home or in a remote location, and the birth was not officially registered. It may be possible to get a "Delayed Birth Certificate," but the requirements can be insurmountable. My grandfather, born on the family farm, never had a birth certificate, although he tried many times to get one. The bureaucrats were not cooperative.
If your current name doesn't match your birth name, you'll need to document that. If you changed your name upon marriage, you'll need a copy of your marriage certificate. The procedure and fees are usually the same as for a birth certificate.
If you've been married more than once, you may need copies of all marriage certificates as well as copies of divorce decrees. Divorce documents may be difficult or impossible to obtain, as many counties keep them for only a limited time. If you were widowed before you remarried, you might want a copy of your first spouse's death certificate. The procedure and fee for that is similar to getting a birth certificate.
If your name was changed due to adoption, you'll need copies of the relevant documents. To get copies of your adoption records, usually you must file a petition in the superior court where the adoption took place. You will need to include proof of identity (a driver's license or passport) and you may need a copy of your original birth certificate (see above). The procedure for getting adoption records varies from state to state, as do the fees.
If you had your name legally changed for personal reasons, you'll need an official copy of that document. The procedure to get it is unclear, as this kind of document is not listed on most counties' websites.
Sometimes people are surprised find that the name they use differs from the birth certificate. I knew someone who thought he was Joseph, who got a copy of his birth certificate and learned that he was born Giuseppe. Sometimes it's just a spelling variation, like Janice vs. Janis or Susan vs. Suzanne. Still, the name in use is not an exact match to the birth certificate. I don't know what procedure there may be to reconcile discrepancies like these.
Some people seem to think that this is not a real problem. They happen to have certified copies of all their records, that they have carefully preserved and dragged with them whenever they moved. They imagine that everyone else does what they do, and are contemptuous of anyone whose life isn't exactly like theirs. However, the reality is that most of us simply don't possess certified copies of every document that has passed through our lives. And even those who do may run into discrepancies or unexpected information gaps.
The proposed requirement to make voter registration contingent upon having a current qualifying paper with a name exactly matching one's birth certificate places a procedural and financial burden on some people that is not placed on others. Married women are most likely to be affected and disenfranchised.
The League of Women Voters has stated, "Millions of eligible voters could be blocked from casting a ballot under the SAVE America Act’s restrictive documentary proof of citizenship requirements. This includes voters who are already properly registered and previously provided proof of citizenship but could still be turned away at the polls if they do not bring a passport or other qualifying document with them on Election Day."
The ACLU has stated, "The SAVE Act echoes failed and unconstitutional laws like Kansas’s proof of citizenship requirement, which purged over 30,000 eligible voters and was struck down in federal court. This legislation would especially harm naturalized citizens, voters with low incomes, voters of color, Native American voters, rural voters, and first-time voters—many of whom lack easy access to a passport or birth certificate. It would also threaten the voting rights of as many as 69 million women who have taken their spouse’s name but whose birth certificate does not match. By demanding burdensome documentation and triggering erroneous voter roll purges, the SAVE Act also threatens the ability of even long-time registered voters to stay on the rolls and participate in elections."
Click HERE for an explainer from Rock the Vote.
