Significant Shift in Congressional Approach to Voting Rights
Sixty years on from the passage of the Voting Rights Act of 1965, a landmark in the protection of civil rights in the United States, Congress is considering a new piece of legislation that marks a dramatic departure from its historical role. The Voting Rights Act was born out of a time when civil rights activism, political changes, and public outrage at racial violence prompted decisive legislative action. Now, Congress, led by a Republican majority, is pushing the SAVE Act, which could become the first federal law in recent history to potentially restrict voting rights.
The SAVE Act proposes to require all citizens to present a birth certificate, passport, or similar document in person to register for federal elections. As many as 21 million Americans lack immediate access to these documents. This includes individuals such as married women whose legal documents may not reflect their current names.
If enacted, the SAVE Act would also eliminate the possibility of registering by mail, online, or through voter drives—methods used by over 50 million people between 2018 and 2022. In contrast, fewer than 12 million registered in person with election officials in that same period.
The 1965 Voting Rights Act famously banned tactics like literacy tests and poll taxes employed to disenfranchise Black Americans and other minorities. Congress intervened to dismantle these barriers. However, today’s Congress might be poised to establish similar obstacles.
The U.S. Constitution’s Elections Clause grants states the primary authority over federal elections’ “times, places, and manner,” while allowing Congress to override or set its own regulations. Historically, Congress has utilized this power to expand access and prevent discriminatory practices, as demonstrated by legislation like the Uniformed and Overseas Citizens Absentee Voting Act of 1986 and the Help America Vote Act of 2002. The current proposal, however, could represent an unprecedented use of this power to create hurdles rather than remove them.
The civil rights movement, through sustained advocacy and facing violent opposition, spurred the passage of the Voting Rights Act. This injustice was so blatant that it galvanized bipartisan congressional action. Today, the legislators contemplating the SAVE Act face a choice between preserving a legacy of expanding democratic participation or risking infamy as the authors of disenfranchisement.
