SAVE Act: What documentation is needed for a married woman using her spouse’s last name? Rules explained

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Securing American Voters Eligibility Act (savings bill) passed in (218-213) United States House of Representatives On Wednesday, it was just one step away from becoming law. As the bill next heads to the Senate, debate has reignited over whether the bill would make it difficult for married women to vote using their husband’s last name.

Rep. Michelle Fischbach speaks during a Feb. 10 meeting of the House Rules Committee to consider recently proposed amendments to the Securing American Voters Eligibility Act, also known as the SAVE Act. (AFP Getty Images)
Rep. Michelle Fischbach speaks during a Feb. 10 meeting of the House Rules Committee to consider recently proposed amendments to the Securing American Voters Eligibility Act, also known as the SAVE Act. (AFP Getty Images)

The biggest change implemented by the SAVE Act is requiring proof of citizenship to register to vote. Documents considered proof of citizenship include birth certificates, U.S. passports, and some versions of REAL ID. For naturalized citizens, naturalization documents are required.

The combination of documents required by the SAVE Act creates significant obstacles for married women without passports. Notably, YouGov data shows that more than half of Americans don’t have a passport. The problem affects married women who use their husband’s surname and do not have passports because their birth certificates do not contain the names they currently use.

Those concerns were echoed by some Democratic lawmakers, who said the 69 million married American women who use their spouse’s surname may not be able to register.

In this article we will look at what documents a married woman using her spouse’s surname needs to be registered in the electoral roll.

Documents required for married women

The bill itself does not specify additional documents to clarify the differences between names birth certificate And the current name after marriage. But it has a provision requiring states to accept additional documentation in the form of affidavits to smooth out such discrepancies.

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If such a discrepancy is possible, certified documentation will be required marriage certificate Or a court name change order may be used to support the claim and eliminate the discrepancy. However, marriage certificates and name change certificates themselves are not considered documentary evidence.

But it still brings about two main problems: First, it is usually impossible to obtain a name change certificate when a name change occurs due to marriage. Second, those who have been married for a long time may find it difficult to obtain a marriage license because the marriage license may not be available in state records. In fact, in this case, the concern for older women is much greater.

However, the Trump administration has called this concern a “fallacy.” White House When asked, the press secretary clarified: “Democrats have been fear-mongering about this bill, saying that if married women change their names, they won’t be able to vote. That’s a complete fallacy.”

However, Levitt’s assurances did not completely allay concerns. Additionally, many people complain about the additional cost of obtaining a new marriage certificate and all other related documents that serve as proof of citizenship.

As of Thursday, February 12, a date for a Senate vote on the bill had not yet been set.

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