SAVE Act: What documents will married women using spouse's last name need? Rules explained

SAVE Act allows affidavits for name mismatches but doesn’t list marriage or name-change certificates as proof, Married and especially older women are at risk.

The Safeguard America Voter Eligibility Act (SAVE Act) was passed (218-213) in the US House of Representatives on Wednesday, leaving it just one step short of being made into law. With the bill on it's way to the Senate next, the debate around whether it will make it difficult for married women using their husband's last name to vote has reignited.

Rep. Michelle Fischbach speaks during a House Rules Committee meeting on February 10 to consider amendments recently introduced into the Safeguard American Voter Eligibility Act, also known as the SAVE Act. (Getty Images via AFP)

The biggest change implemented in the SAVE Act is the requirement of proof of citizenship to register for voting. Among the documents that will be considered proof of citizenship are birth certificate, a US passport and certain versions of Real ID. For naturalized citizens, the naturalization paperwork is required.

The combination of documents that the SAVE Act specifies has created a major hurdle for married women who do not have a passport. Notably, YouGov data shows that more than half of all Americans do not have a passport. The problem affects married women using their husband's surname and don't have a passport, as their birth certificate does not contain the name that they use now.

Some Democratic lawmakers have also echoed this concern, suggesting that 69 million married American women who use their spouse's surname could fail to register.

In this article, we'll look at what documents married women using their spouse's surname will need to register in the voter rolls.

Documents Required For Married Woman

The bill itself has not specified an extra document that could clarify discrepancy between the name on the birth certificate and the current name after marriage. But it has a provision for states to accept additional documents in the form of affidavits to clear out such discrepancies.

If and when such a discrepancy may arise, documents like certified marriage certificates or court name-change decrees could be used to support the claims and clear out discrepancies. However, a marriage certificate and name change certificate themselves are not considered proof of documents.

But it still creates two major issues: first, a name change certificate is not usually obtained when it occurs because of marriage. Second, those who have been married for a long time may find it difficult to obtain their marriage certificate, as state records may not have it. In fact, the concern for older women is much greater in this case.

The Trump administration, however, has called the concern a "fallacy." White House Press Secretary cleared the air on it when asked, saying: "The Democrats have been fearmongering about this bill, have been saying if married women change their name, they would not be able to vote. That is complete fallacy."

However, the concerns are not fully abated by Leavitt's assurances. And, in addition, many are complaining of the extra costs of obtaining a new marriage certificate and all the other related documents that may serve as proof of citizenship.

As of Thursday, February 12, the date for the Senate vote on the act has not been set.