A recently reintroduced bill in the U.S. House of Representatives, the Safeguard American Voter Eligibility (SAVE) Act, could create significant barriers to voting for transgender Americans—potentially disenfranchising millions of eligible voters. The legislation, if passed, would require all Americans to present proof of citizenship in person when registering to vote or updating their voter registration. For transgender individuals, this could mean facing added scrutiny, unnecessary hurdles, and even outright disenfranchisement simply due to mismatches in legal documentation.
A Direct Threat to Transgender Voter Access
Transgender Americans often face difficulties in obtaining official identification that accurately reflects their name and gender. Many go by a name different from the one assigned at birth, yet changing it legally is an expensive, time-consuming, and bureaucratic process that varies by state. Even those who have successfully changed their names may still struggle to update all of their legal documents, particularly birth certificates and passports, which are commonly required for voter registration under the proposed law.
According to the 2020 U.S. Transgender Survey (USTS), 75 percent of transgender respondents voted in the 2020 election—a higher percentage than the general U.S. population, which saw a 67 percent turnout. This high level of engagement underscores just how devastating restrictive voting laws could be for transgender voters. The SAVE Act, if enacted, would impose barriers that could keep many transgender Americans from participating in elections, effectively silencing their voices.
Documentation Challenges: A Bureaucratic Maze
Under the SAVE Act, acceptable forms of documentation for voter registration would include a passport or birth certificate—documents that many transgender people do not possess in a form that accurately reflects their identity. Research indicates that only 11 percent of transgender people have updated all their identification documents, including birth certificates and passports, to reflect their name and gender marker. Even obtaining a passport has become more difficult for transgender Americans in recent years due to shifting federal policies.
For those without a passport, a birth certificate would become the default proof of citizenship. However, birth certificates are among the hardest documents to update for transgender individuals. According to the 2015 USTS, only 18 percent of transgender individuals who use a different name had successfully updated their birth certificate. Many states have restrictive policies, requiring proof of surgery, court orders, or even denying updates altogether, making it nearly impossible for many transgender people to obtain documents that accurately reflect their identity.
Adding to the complications, while the SAVE Act claims that REAL ID-compliant driver’s licenses could be used as proof of citizenship, this is misleading. Legally residing noncitizens are eligible for REAL ID licenses in all 50 states, and the REAL ID Act of 2005 does not require citizenship status to be displayed. This means that in practice, most Americans—including transgender individuals—would still need to produce a birth certificate or passport.
A Solution in Search of a Problem
Proponents of the SAVE Act argue that it is necessary to prevent noncitizens from voting. However, noncitizen voting in federal elections is already illegal and punishable by up to five years in prison. Investigations into voter fraud have repeatedly found that it is an extremely rare occurrence. Even the Trump administration’s Presidential Advisory Commission on Election Integrity disbanded after failing to uncover any widespread fraud.
Despite this, voter ID laws have already demonstrated their effectiveness at suppressing votes rather than protecting election integrity. In Kansas, a similar proof-of-citizenship law led to 31,000 eligible voters being blocked from registering—12 percent of whom were first-time voters. Arizona’s noncitizen voting requirement created administrative errors that put 100,000 voters at risk of disenfranchisement in the 2024 general election, while 40,000 others were unable to register due to documentation issues. These laws disproportionately impact marginalized communities, including transgender individuals, who already face significant barriers to accessing government-issued identification.
A Disproportionate Impact on Transgender Voters
The SAVE Act’s impact would extend beyond transgender Americans, affecting millions of other eligible voters, including married women who have changed their last names and individuals from lower-income backgrounds who may not have access to the necessary documentation.
For transgender individuals, however, the impact would be particularly severe. Many have already faced discrimination when presenting identification that does not match their gender expression. Election officials unfamiliar with transgender identity could impose additional scrutiny, leading to instances of voter suppression, whether intentional or not. Furthermore, requiring in-person verification of citizenship could disproportionately impact transgender people who may experience anxiety or fear when interacting with government officials due to past experiences of discrimination.
The Bottom Line
Voting is a fundamental right, and every eligible American deserves equal access to the ballot box. The SAVE Act presents a grave threat to that right, particularly for transgender individuals who have fought long and hard to be recognized as who they are. This legislation, if passed, would not only create unnecessary obstacles for transgender voters but also serve as a broader attack on voting rights for millions of Americans.
Transgender individuals, their families, and allies must stand together to oppose this harmful legislation. Lawmakers must recognize that policies like the SAVE Act are not about election security but about voter suppression.
The fight for democracy includes ensuring that all voices are heard—especially those of marginalized communities. Contacting representatives, supporting voting rights organizations, and spreading awareness about the SAVE Act’s potential impact are all critical steps in safeguarding democracy for transgender Americans and beyond. The right to vote should never be contingent on bureaucratic barriers or outdated documentation—every American deserves the right to participate fully in the democratic process.
