Vernellia R. Randall, The SAVE America Act, Racial Justice, and the Return of the Poll Tax, Racism.org (2026).
The right to vote is the foundation of democracy. In the United States, it has also been one of the primary tools used to exclude Black people from full participation in that democracy. From poll taxes and literacy tests to modern administrative barriers, voting restrictions have consistently been designed to look neutral while limiting access along racial lines. The SAVE America Act belongs in that history.
The Act requires documentary proof of citizenship—such as a passport or certified birth certificate—to register to vote. That requirement is not neutral in practice. It assumes that all citizens have equal access to documentation and equal ability to navigate government systems. They do not.
What looks like a neutral rule operates as a racial barrier.
“The SAVE America Act does not charge a fee to vote. It requires people to pay for what they need in order to vote. That is not a meaningful distinction. The effect is the same.”
What the SAVE America Act Requires—and Who It Burdens
The SAVE America Act would require individuals to provide documentary proof of U.S. citizenship to register to vote, often through in-person verification.
That requirement rests on a false premise: that access to documents and access to government offices are evenly distributed across the population.
They are not.
The Act would significantly limit or eliminate:
- Online voter registration
- Mail-in voter registration
- Community-based voter registration drives
These are not conveniences. They are essential access points.
Requiring people to appear in person shifts the burden onto individuals in ways that are predictable and unequal.
In-person registration requires transportation. Many low-income people do not have reliable access to a car. Rural voters may live miles from the nearest office. Urban voters often face long bus rides, multiple transfers, and limited routes to get there.
For people with disabilities, the burden is even greater. For many, online and mail registration are not optional—they are the only practical way to participate.
Then there is time. Government offices operate during business hours. Many people cannot afford to miss work, lose wages, or spend hours traveling and waiting in line.
These are not small inconveniences. They are barriers.
And because transportation, disability access, and economic inequality disproportionately affect communities of color, these barriers fall along racial lines.
The Cost of Voting and the Reality of the Poll Tax
The documents required by the SAVE America Act cost money.
A certified birth certificate costs money. A passport costs significantly more. Then there are the additional costs—transportation, time, and the administrative process itself.
Most Americans do not already have a passport. That means they must spend money to comply.
The Constitution prohibits poll taxes. The Supreme Court has made clear that the right to vote cannot depend on the ability to pay.
The SAVE America Act does not charge a fee to vote. It requires people to pay for what they need in order to vote.
That is not a meaningful distinction.
The effect is the same.
A Solution in Search of a Problem
Non-citizen voting is already illegal. It carries serious penalties. And it is extremely rare.
The SAVE America Act imposes significant burdens on millions of voters to address a problem that barely exists.
When a law creates broad barriers to solve a negligible problem, the question is not what it claims to do. The question is what it actually does.
What it does is exclude.
The Kansas Warning: This Has Already Happened
Kansas tried this.
When the state required documentary proof of citizenship, more than 30,000 voter registrations were blocked because applicants did not provide the required documents. Many of those individuals were eligible voters who believed they had already registered.
They were not attempting to vote illegally. They were trying to participate and were stopped by a system that required documentation they did not have.
The courts struck the law down after the state failed to show that non-citizen voting justified the burden.
This is not hypothetical. Documentation requirements exclude eligible voters.
And they do so in ways that track existing inequality.
The Supreme Court Has Already Signaled the Problem
The Supreme Court has recognized that voter registration must remain accessible.
In Arizona v. Inter Tribal Council of Arizona, the Court rejected additional proof-of-citizenship requirements that conflicted with the federal registration system.
The underlying principle is clear: access to the ballot cannot be undermined by unnecessary bureaucratic barriers.
This Is How Voter Suppression Works
The SAVE America Act follows a familiar pattern.
After Reconstruction, states used poll taxes, literacy tests, and complex registration systems to exclude Black voters while maintaining formally neutral rules.
Those systems did not need to mention race. They worked because they relied on inequality.
That is how voter suppression operates in the United States.
The SAVE America Act uses the same structure.
Structural Racism and Unequal Access to Documentation
The Act assumes that everyone has equal access to documentation. That assumption is false.
For many Descendants of Africans Enslaved in the United States (DAEUS), access to documentation has been shaped by segregation and systemic neglect.
Birth records were not always created or preserved. Hospitals serving Black communities were underfunded. Records were incomplete, inaccurate, or lost.
Those conditions still affect people today.
Economic inequality compounds the problem. The cost of obtaining documents—and the time and transportation required—falls more heavily on those with fewer resources.
When voting depends on documentation, it reflects those inequalities.
Disparate Impact and the Voting Rights Act
The Voting Rights Act recognizes that discrimination does not have to be explicit.
The question is not whether a law is neutral on its face. The question is whether it produces unequal access.
Proof-of-citizenship requirements operate within a system already shaped by racial inequality—in documentation, transportation, income, and access to government institutions.
The result is predictable.
Unequal access to the ballot.
A Constitutional Path Forward: Access Means More Than ID
If election integrity is the goal, it can be achieved without creating barriers.
Providing free documentation is a necessary step. Citizenship records can be established at birth and provided without cost. Replacement documents can be issued freely.
But that is not enough.
Access to the ballot also depends on how people register.
Online registration, mail-in registration, and community-based registration drives must remain in place. They are essential because they reduce barriers related to transportation, disability, work schedules, and geography.
Eliminating these systems does not protect elections. It shifts the burden onto those least able to carry it.
A fair system does not replace one barrier with another.
Conclusion: The Structure Is the Same
The SAVE America Act does not look like the poll taxes of the past. It is more subtle.
It does not charge a fee. It does not mention race. It does not explicitly exclude anyone.
It does not have to.
Voter suppression in the United States has always operated through structure.
Poll taxes became literacy tests. Literacy tests became registration barriers. Registration barriers became identification requirements. Identification requirements now become documentation requirements.
The form changes. The function does not.
Removing the cost of documentation is necessary, but it is not enough. A system that requires people to overcome transportation barriers, navigate limited office hours, or rely solely on in-person access will continue to exclude those who have always been excluded.
The right to vote cannot depend on money. It cannot depend on paperwork. It cannot depend on unequal access to government systems.
The SAVE America Act is not just about election administration.
It is about racial justice.
And that is where it must be judged.
References
- Twenty-Fourth Amendment to the United States Constitution (Poll Tax Prohibition)
- Harper v. Virginia Board of Elections, 383 U.S. 663 (1966)
- Arizona v. Inter Tribal Council of Arizona, 570 U.S. 1 (2013)
- Fish v. Kobach, 309 F. Supp. 3d 1048 (D. Kan. 2018)
- Brennan Center for Justice, The Challenge of Obtaining Voter Identification
- Brennan Center for Justice, The Damage of Conspiracy Theories About Noncitizen Voting
- Migration Policy Institute, Noncitizen Voting in U.S. Elections
- Campaign Legal Center, What You Need to Know About the SAVE Act
- History, Jim Crow Laws and Black Voting Rights
Vernellia R. Randall, Professor Emerita of Law, University of Dayton School of Law. This article was drafted with the assistance of ChatGPT, an AI language model.

