More questions than answers with SAVE act

When and if the Safeguard American Voter Eligibility Act or SAVE America Act will be passed by the Senate is anyone’s guess.

But the bigger question is if Wyoming’s REAL ID will be sufficient for registering to vote to show proof of citizenship and will be sufficient to show ID when voting.

Let me pause and say this … I have no problem with showing ID to register and to vote, that is not the issue. However, I do want common sense legislation, legislation that addresses a problem and legislation that clearly defines the answers.

When Wyoming enacted the voter ID requirement in 2021 the Legislature worked to include a variety of applicable identifications so people’s ability to vote was not hindered. I support allowing every citizen the right to vote as granted in our U.S. Constitution. I do not think party politics or fear should dictate policy and hinder people’s ability to vote.

The 15th and 19th amendments grant “the right of the citizens of the United States to vote.” They further state the voting right “shall not be denied or abridged by the United States or by any State” on account of sex, race, color or “previous condition of servitude.”

However, this proposed act specifically states, “A form of identification issued consistent with the requirements of the REAL ID Act of 2005 that indicates the applicant is a citizen of the United States.”

A look at any Wyoming REAL ID driver’s license and you see there is no specific indication on the ID that states United States citizen. Why? The REAL ID Act was not intended for proof of citizenship. Even Wyoming’s own law states you could provide documentation to obtain the REAL ID that would not necessarily be acceptable for citizens to register to vote.

Thus by reading Wyoming’s law it does not seem our REAL ID will work with the SAVE America Act.

I did reach out to Wyoming’s Congressional delegation’s public information officers for help and to be honest I still cannot answer definitively the question if Wyoming’s REAL ID will work for registration and showing ID at the polls.

Tommy Mottur of Senator John Barrasso’s office provided a copy of comments the senator made on the Senate floor and to my specific questions stated, “We won’t be able to answer a lot of Wyoming-specific questions at this moment since the bill text is still being finalized and subject to change.”

Calls to Secretary of State Chuck Gray were referred to his public information officer, Joe Robino, who was unable to get back to me before deadline.

Tristan Justice from Rep. Harriet Hageman’s office said, “A Wyoming REAL ID driver’s license does qualify as a valid form of photo I.D. to vote, but not proof of citizenship. However, driver’s licenses are not the only mechanism to satisfy the SAVE America Act’s proof of citizenship requirement for voter registration. Passports, birth certificates, and other common forms of identification can be used to prove citizenship for voter eligibility.”

Let us pause for a moment here — Wyoming REAL ID should prove I am a citizen. I had to take my birth certificate and my marriage certificate in to get the REAL ID. My husband took his live birth certificate and his adopted birth certificate to prove his ID.

Tristan added, “Voters who’ve changed their name for marriage or otherwise may show additional documentation to show that name change or sign an affidavit. Verification and the form of documentation is left up to the states.”

Finally, Sen. Cynthia Lummis’ office, through Joe Jackson took the time to try and answer all of my questions specifically.

He said that Wyoming’s REAL ID driver’s license does qualify as a form of ID to register and to vote.

This seems contrary to what Tristan said.

When asked about instances such as marriage, divorce, adoption, Jackson said, “States would establish a process for resolving name discrepancies and documentation issues. REAL ID is still valid as proof of name. The Federal Election Assistance Commission will also issue guidance to states on minimum standards.”

So even if the Act is approved by the Senate there will be more questions than answers as states work through their own process and the FEAC offers guidance.

If the SAVE America Act is passed it may be some time before we know exactly what we need to vote.

Maybe everyone can take the two weeks the Senate is on “Easter recess” to start getting any identifying documentation in order, just in case.