Metro Weekly

GOP Voting Bill Could Disenfranchise Transgender Americans

Critics say the SAVE America Act’s voter ID and citizenship requirements could create barriers for transgender voters.

Illustration: Google Gemini

A Republican-backed federal bill imposing stricter ID requirements for Americans registering or voting could disenfranchise millions whose official documents do not match their names at birth — including many transgender Americans.

Last month, the U.S. House of Representatives approved the SAVE America Act, a Republican-backed bill that supporters say will preserve the “integrity” of elections by requiring voters to show photo identification when casting a ballot and requiring states to obtain documented proof of U.S. citizenship from people registering to vote.

Other provisions require Americans to submit additional documentation — such as a certified birth certificate, hospital birth record, adoption decree, or naturalization certificate — to prove they are U.S. citizens eligible to vote.

The bill would also mandate voter roll purges every 30 days to remove ineligible voters and prohibit universal mail voting, requiring voters to apply for a mail ballot rather than having one automatically sent by election officials.

The bill is now being considered by the U.S. Senate, where it has 50 Republican co-sponsors. For years, many Republicans have claimed that Democratic victories are driven by widespread voter fraud or voting by undocumented immigrants. Whether the measure advances will depend on whether Senate Democrats remain united in denying Republicans the 60 votes needed to begin or end debate before a final vote.

Opponents of the legislation argue it is an attempt by Republicans to disenfranchise voters who are less likely to support the GOP.

A similar proof-of-citizenship law enacted in Kansas in 2013 is often cited as a cautionary tale. The measure prevented more than 30,000 Kansans from voting or registering before it was struck down by federal courts for violating the National Voter Registration Act.

“Mandatory voter purges will certainly lead to widespread disenfranchisement,” Xavier Persad, senior policy counsel at the American Civil Liberties Union, told Metro Weekly. He warned that Republicans’ preferred voter restrictions would “require every American to provide documentary proof of citizenship like passports and birth certificates in person to register or re-register to vote.”

“In practice, this means that you would be required to produce a birth certificate or a passport every time you move from one apartment to another, one state to another, or even if you update your party registration or affiliation,” Persad said. Existing laws already require voters to confirm their eligibility through a sworn statement under penalty of perjury.

Persad said the restrictions would upend how states administer elections.

For example, some provisions would ban ranked-choice voting and require mail-in ballots to be received by the close of polls on Election Day — meaning ballots arriving later would not be counted.

Persad also said the act includes provisions allowing election officials to face criminal charges if they cannot provide sufficient documentation proving a registered voter is a citizen — even if the voter ultimately is a U.S. citizen. He added that the SAVE America Act would require states to submit voter registration lists to the U.S. Department of Homeland Security up to four times a year.

“This is all based on a false narrative that this administration and its allies in Congress have been pushing about widespread voter fraud, which is simply not true,” Persad said. “This is also part of a concerted effort by this administration to prevent voters from choosing their leaders and holding them accountable at the ballot box.”

Lazarus Orr, press relations manager at Advocates for Trans Equality, said the proposed voter ID restrictions would impose administrative hurdles for millions of Americans but could be particularly burdensome for transgender voters.

“The reality is that trans Americans are more likely to have inconsistencies across their identity documents,” Orr said. “So when it comes to updating documents, that can require court orders, fees, and navigating a lot of inconsistent state laws. And in some states, it goes as far as updating a birth certificate, which can be restricted or just flat out not allowed.”

Orr said roughly one in three transgender people have updated all their identity documents to reflect their chosen name. “When you layer federal proof of citizenship requirements on top of existing voter ID laws, those mismatches can become barriers to registration or voting.”

Orr said several states have introduced or passed laws seeking to prevent transgender people from updating vital records or identification documents to reflect their gender identity, and that additional barriers imposed by GOP-backed voter ID laws would further complicate their ability to participate in the electoral process.

Even the remedy suggested in the legislation — submitting an affidavit “attesting that the name on the supporting documentation is a previous name of the applicant” — may deter transgender people who do not wish to out themselves to strangers or government officials.

Orr noted that 146 million Americans — more than 41% of the population — do not have a passport, which costs $165 to obtain. According to the Brennan Center for Justice, an estimated 21 million Americans also lack access to birth certificates or other documents needed to prove their identity and citizenship. Obtaining certified copies often requires paying fees and navigating complex state bureaucracies.

He added that the requirements could also affect other groups. An estimated 69 million married women have legal names that differ from those on their birth certificates. Low-income Americans, seniors, rural voters, and people with disabilities may also struggle to obtain the documents needed to prove their identities.

“States already have systems in place to verify voter eligibility, including citizenship, without requiring documentary proof from every voter,” Orr said. “Most states rely on sworn affidavits, cross-check DMV databases, review federal records such as those maintained by the Social Security Administration, and participate in interstate data-sharing programs to identify duplicate registrations.”

Transgender voters can protect their right to vote by staying informed, ensuring their voter registration information is up to date, and participating in the voting process to hold elected officials accountable — particularly when they support anti-transgender policies or legislation.

“Protecting access to the ballot is part of protecting our broader civil rights,” Orr said.

 

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