The introduction of a new voting law in some U.S. states could significantly impact millions of voters. In New Hampshire, a resident faced unexpected challenges when asked to prove his citizenship while attempting to cast his ballot. Joshua Bogdan, a lifelong U.S. citizen, learned that under a new proof-of-citizenship law, he needed to present either a passport or a birth certificate to vote, complicating an otherwise straightforward process.
New Hampshire‘s law, which took effect for the first time during local elections in 2025, mandates that voters provide documentary proof of citizenship. Bogdan’s attempt to vote in Portsmouth turned into a stressful experience when he discovered that his driver’s license was no longer sufficient. “I didn’t know that anything had officially changed walking in there,” he stated. This situation reflects the potential challenges many voters may face if similar legislation proposed by the Republican party, known as the SAFE America Act, is enacted nationwide.
The SAFE America Act aims to enhance election integrity, according to its proponents, including former President Donald Trump. The bill passed the U.S. House of Representatives on a largely party-line vote and is scheduled for consideration in the Senate. Although Republican messaging has emphasized the requirement for photo identification, the new proof-of-citizenship mandate could have far-reaching consequences for voter participation.
Historically, noncitizen voting has been rare, and current laws prohibit it in federal elections. Yet, critics argue that the documentation requirements under the SAFE America Act could disenfranchise millions of eligible voters. Rebekah Caruthers, president and CEO of the Fair Elections Center, expressed concern that the legislation might move the nation “in the opposite direction” of representative democracy, potentially affecting married women, people of color, and voters in rural areas.
While the list of acceptable documents appears extensive, many come with significant caveats. For instance, a REAL ID-compliant driver’s license must explicitly indicate citizenship, a feature that only five states—Michigan, Minnesota, New York, Vermont, and Washington—currently provide. Standard driver’s licenses, which can be issued to both citizens and noncitizens, often lack this indicator.
Furthermore, a military ID is not sufficient on its own; it must be accompanied by a military record of service that confirms the individual’s birthplace. The Department of Defense has clarified that a DD214, the standard certificate of release for military personnel, does not list birthplace, complicating the process for veterans.
If the SAFE America Act is enacted, voters will need to comply immediately, with no grace period for obtaining the necessary documentation. A study from the University of Maryland estimates that approximately 21.3 million eligible voters lack easy access to documents proving their citizenship. This includes nearly 10% of registered Democrats, 7% of Republicans, and 14% of individuals unaffiliated with either major party.
Obtaining a passport, which is the most straightforward way to meet the documentation requirement, presents its own challenges. According to the State Department, only about half of American adults possess a current passport, which costs $165 for new applications and $130 for renewals. The processing time can range from four to six weeks, not accounting for mailing delays.
For those opting for a birth certificate, the situation can also be complicated. The SAFE Act specifies that only certified copies issued by government or tribal authorities qualify. Many new parents receive a hospital-issued certificate at birth, which does not meet the federal requirement. Additionally, states are experiencing significant backlogs in processing requests for certified copies due to heightened demand for REAL IDs.
The SAFE America Act does not allocate any funds to assist states in implementing these changes or informing voters. Bogdan’s experience in New Hampshire underscores the importance of clear communication from election officials. He noted, “Government notices to voters would help prevent possible disenfranchisement.” He emphasized that many young voters may not carry their birth certificates or other identification regularly, which could hinder their ability to participate in elections.
As the SAFE America Act moves through Congress, the potential for widespread voter disenfranchisement looms large. The implications of such legislation could reshape the landscape of American democracy, raising concerns about access to the ballot box for millions of citizens.
