SAVE Act to affect voting rights across Washington

President Donald Trump issued an executive order that would change how election ballots are counted, potentially impacting voters throughout Washington. 

An executive order on elections issued by the Trump Administration seeks to change how eligibility for voting is determined and how voter registration is overseen. This order has faced opposition from organizations in the Washington state including the League of Women Voters (LWV) and the current Secretary of State. 

The SAVE Act recently passed the House of Representatives on the federal level which would also have impacts on voter eligibility. This bill, if signed into law, would require individuals to provide documentation to prove that they are U.S. citizens such as an enhanced driver’s license, passport or any documentation that states that the individual was born in the U.S.  

For immigrants who have gained citizenship, they would be required to present their Naturalization Certificate or Certificate of Citizenship. 

Both the SAVE Act and the executive order have faced criticisms due to arguments of executive overreach and intentionally disenfranchising voters by making it more difficult to register to vote. 

The SAVE Act would require the full name of an individual on their proof of citizenship to match that of their driver’s license, making it more difficult for married women who haven’t updated their documents to vote. A legal decree of name change or a marriage certificate could provide further proof, but women who have been married for a long time may not have their marriage certificate easily accessible. 

White House Press Secretary Karoline Leavitt stated in a press conference that the SAVE Act would not prevent married women from voting and that opposition to the law was a result of fearmongering.  

However, policies may vary from jurisdiction to jurisdiction as to whether they would accept a marriage certificate as an additional source of proof and the process of acquiring a new certificate or updating other forms of documentation can be lengthy and costly depending on the state. 

“The order also mandates documentary proof of U.S. citizenship on the National Voter Registration Form and Federal Post Card Application, which is used by military and overseas voters. Washington residents who do not have a U.S. passport or enhanced driver’s license likely will not have a qualifying document. These requirements risk disenfranchising eligible U.S. citizens, including those from historically unrepresented communities,” Secretary of State Hobbs said in a press release. 

The executive order would also directly conflict with Washington state law because it orders all ballots received by Election Day to be counted that day, while Washington law counts all ballots postmarked by Election Day. Ballots begin to be scanned in during the 18-day voting period and the counting of votes begins after 8 p.m. on Election Day.  

Many ballots are scanned using the machine that counts the votes, which is why Washington voting results are often released very quickly after 8 p.m., according to the Secretary of State website. 

“In the 2024 General Election alone, more than 250,000 Washington ballots postmarked on time arrived after Election Day. Had this rule been in effect, those voices would have been silenced, especially in rural areas where mail delivery can take longer,” Hobbs said in a press release. 

Washington has joined Oregon in filing a lawsuit against the Trump Administration for the executive order as of April 4. The lawsuit states that the executive order will disenfranchise hundreds of thousands of voters, impose large costs upon the state governments to adapt their laws and that the order overrides the state’s sovereignty. 

The executive order threatens to withhold federal funds from any state that doesn’t comply. 

“As our state’s chief elections officer, I will not support measures that suppress Washington’s voters under the guise of security, especially when other measures being taken by this administration leave our systems more vulnerable to real threats from foreign adversaries,” Hobbs said. 

This executive order could impact over 2.7 million Washington residents who lack a passport, over 1.5 million whose names have changed due to marriage and up to 78% who lack an enhanced driver’s license, according to a press release by the LWV. 

“The League is committed to working with our partners and legal advocates to pursue all avenues in fighting back against this dangerous order, and we will use every tool at our disposal to defend voters from unjust restrictions on their freedom to vote,” Chief Counsel Marcia Johnson said in the LWV’s newsroom post. 

 
Both the executive order and the SAVE Act stand to have several impacts on the eligibility of current voters, though this may depend on the outcome of the Washington and Oregon lawsuit. To access the full text of the SAVE Act, visit the U.S. Congress website.?