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U.S. House of Representatives

What is the SAVE Act? Voter ID law passes House

Feb. 12, 2026Updated Feb. 13, 2026, 1:16 p.m. ET

bill touted by President Donald Trump that would require individuals provide proof of citizenship upon registering to vote is making its way through Congress and raising alarm bells among voter rights groups and experts. Among those concerns is a fear that married people who changed their surnames might have trouble proving they're eligible to vote.

The Safeguard American Voter Eligibility, or SAVE America, Act, passed the GOP-led House of Representatives on Feb. 11, but faces a shaky future in the Senate. Previous versions of the bill failed to gain traction in both chambers last year. This latest iteration, which builds on the 2024 version by adding a voter ID provision, must get 60 votes to pass.

The legislation would require people to provide proof of citizenship "in person" when registering to vote in federal elections, and adds an additional requirement that voters show an approved form of photo identification to cast their ballot. It also places new rules on mail-in voting, requiring Americans to send in a copy of their ID when both requesting and submitting their ballot.

Republicans have argued the legislation is needed to safeguard elections and prevent noncitizens from voting, something data shows is rare. Democrats and voting rights groups say the legislation would disenfranchise millions of Americans by making it harder to register to vote and cast ballots.

Why married people, youth, people of color could be at risk

If the bill fully passes, millions of married people whose names on their birth certificates or passports don't match up with their names on other forms of identification could face extra hurdles to register to vote and cast their ballots, according to the Brennan Center.

Experts also warn that young people and individuals of color are more likely to face barriers to voting with the new requirements. A 2024 study led by the Center for Democracy and Civic Engagement at the University of Maryland found Black Americans and Hispanic Americans are disproportionately less likely to have a current driver’s license than White Americans. The analysis also estimates more than 9% of voting-age citizens − roughly 21 million people − cannot readily access documentary proof of their citizenship.

What is the SAVE Act?

Under current laws, many Americans need to present some form of identification to register to vote. The act would require Americans to show additional documents that prove their citizenship, such as a passport or a birth certificate.

It is already illegal for noncitizens to vote, and voters are required to attest to being a citizen when they register, but states decide how to enforce the law.

People vote in the primary election, which includes the race for the Democratic candidate for New York City mayor in the November’s election, in the Brooklyn borough of New York City, June 24, 2025.

Thirty-six states have laws requesting or requiring voters to show some form of ID at the polls, according to a 2025 report from the National Conference of State Legislatures. The remaining 14 states and Washington, DC, use other methods to verify the identity of voters, such as by signing an affidavit or poll book, or by providing personal information.

The SAVE Act would increase those requirements, demanding Americans provide documented proof of citizenship to register to vote, and require them to show an eligible photo identification document before voting, such as a driver's license.

2025 poll of American adults showed widespread support for requirements to show government-issued photo identification upon voter registration, at 83%, though the question did not specify what type of ID.

The bill is teeing up another critical fight in the Senate over the chamber's 60-vote threshold, also known as the "filibuster." Conservative hardliners have advocated weakening the guardrail to fully pass the SAVE America Act.

Senate Majority Leader John Thune (R-SD), next to U.S. Senate Republican Whip John Barrasso (R-WY), speaks to members of the media as Senate Republican leaders hold a press conference following their weekly policy lunch, on Capitol Hill in Washington, D.C., U.S., February 10, 2026.

But without the filibuster – which has already been considerably curtailed in notable ways by GOP lawmakers during Trump's second term – there would be little incentive for Republicans and Democrats to work together. Senate Majority Leader John Thune, R-South Dakota, has said many times publicly that there aren't enough votes among Senate Republicans to further weaken the filibuster.

How could it affect married people who changed their names?

Voting rights advocates have raised concerns that the bill could make voting more difficult for people who have changed their legal name. That includes many married women who change their last names, whose names could be different on documents that prove their citizenship, such as a birth certificate, and their driver's license or other photo ID.

Tappan Vickery, vice president of Programs and Strategy at the nonpartisan voting rights organization HeadCount, said while claims that the bill would prohibit married women from voting are "exaggerated," it would introduce new barriers to voter registration.

"Tens of millions of women have legal names that no longer match the name on their birth certificate," Vickery told USA TODAY. "Under the bill, individuals would need to present citizenship documents, such as a birth certificate or a passport, that match their current legal name in order to register to vote or update their registration."

People vote in the election between Democrat Abigail Spanberger and Republican Winsome Earle-Sears in Virginia's governor race in Richmond, Virginia, U.S. November 4, 2025.

If they don't match up, Vickery said voters may need to obtain additional documentation, such as a marriage license, divorce decree, or passport − which could take time and cost money. That extra effort could add barriers to reduce participation, she said, especially among people who have changed their names.

Nearly 80% of women in opposite-sex marriages take their spouse's surname, according to a 2023 study by Pew Research. Most married men – 92% – keep their last names.

Contributing: Zachary Schermele

Kathryn Palmer is a politics reporter for USA TODAY. You can reach her at[email protected] and on X @KathrynPlmr. Sign up for her daily politics newsletterhere.

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