New Voter ID Laws Could Impact Millions in 2026 Election

As the 2026 midterm elections approach, a new federal law, the Safeguard American Voter Eligibility (SAVE) Act, is poised to significantly alter the voting landscape. Passed by the U.S. House last month, the bill is now under debate in the Senate and could require voters to provide documentary proof of citizenship when registering, a change that experts say could disenfranchise millions of eligible voters.

The SAVE Act: A Closer Look

The SAVE Act aims to improve election integrity, according to Republican proponents, including former President Donald Trump, who has called its safeguards “common sense.” While the bill includes a provision requiring photo ID, the more impactful change lies in the mandate for documentary proof of citizenship for voter registration in federal elections. Currently, noncitizens are prohibited from voting in federal elections, and no state allows it.

A Glimpse into the Future: New Hampshire’s Experience

The potential consequences of the SAVE Act are already being felt in states like New Hampshire, which implemented a similar proof-of-citizenship law in 2025. Joshua Bogdan, a 31-year-old resident of Portsmouth, New Hampshire, experienced firsthand the challenges the new law presents. After moving, Bogdan attempted to reregister to vote and was told his driver’s license was no longer sufficient. He was required to provide a passport or birth certificate, documents he did not have readily available.

“I didn’t grasp that anything had officially changed walking in there,” Bogdan said. “And then being told that I had to provide a passport that I’ve never had or a birth certificate that’s usually tucked away somewhere safe just to cast my vote — which I’ve done before — it was frustrating.”

Challenges in Obtaining Required Documentation

Experts warn that obtaining the necessary documentation under the SAVE Act could be challenging for many Americans. A similar effort in Kansas a decade ago was blocked by the courts after preventing over 30,000 eligible citizens from registering.

The list of acceptable documents in the SAVE Act includes several with caveats:

• REAL ID-compliant driver’s licenses: Only five states – Michigan, Minnesota, New York, Vermont, and Washington – offer enhanced REAL IDs that explicitly indicate U.S. Citizenship.
• Military ID cards: Must be accompanied by a military “record of service” verifying the person’s birthplace in the U.S. A DD214 form, the standard discharge certificate, does not currently meet this requirement.
• Passports: Must be current; expired passports are not accepted.
• Birth Certificates: Must be certified copies issued by a state, local government, or tribal government. Hospital-issued birth certificates are not sufficient.

Potential Impact on Voter Turnout

A 2025 University of Maryland study estimates that 21.3 million eligible American voters do not have or have straightforward access to documents proving their citizenship, including nearly 10% of Democrats, 7% of Republicans, and 14% of unaffiliated voters.

Rebekah Caruthers, president and CEO of the Fair Elections Center, argues the legislation could move the U.S. “in the opposite direction” of representative democracy. “If this bill passes, it would deny millions of eligible Americans their fundamental freedom to vote,” she stated in an email.

Lack of Funding for Implementation

Notably, the SAVE Act does not allocate funding to help states and local governments implement the changes or inform voters about the new requirements. This lack of funding could exacerbate the challenges faced by voters and election officials alike.

Looking Ahead

The SAVE Act is scheduled for debate and voting in the U.S. Senate next week. Its passage could significantly reshape the voting process for the 2026 midterm elections and beyond, potentially creating hurdles for millions of eligible voters. The debate highlights the ongoing tension between election security measures and ensuring broad access to the ballot box.