This GOP sleight of hand should trigger alarm bells
There’s a political sleight of hand unfolding in Nevada that should alarm every voter who wants their vote to count.
Many folks do not understand that under the SAVE Act language as just passed by the House of Representatives, their Nevada Real ID would not suffice to vote for federal offices including members of Congress or the presidency.
Moreover, voters are being led to believe that the state constitutional amendment proposed by Question 7 that requires ”government issued photo ID” at the polls, and which will become law if it makes it through the ballot a second time this November, will somehow help “fix” citizenship and other election security concerns.
That’s a convenient narrative if your goal is to sell a state ballot measure, but it’s a dangerous falsehood if your goal is to preserve voting rights. Never mind that many of those claims address unsubstantiated problems, they create new ones.
Most of the attention regarding SAVE Act requirements has been given to married women who changed their maiden name to their husband’s. The name on their driver’s license or REAL ID often won’t match the name on a certified birth certificate — and sometimes not even the one on their passport. Those who have legally changed their name for other reasons, such as gender identity, legal emancipation, divorce, personal security requirements, or personal preference, will confront the same challenges.
Here’s the truth: As written, the SAVE Act would require documentary proof of citizenship — a passport, birth certificate, naturalization certificate, or an “enhanced driver’s license” that explicitly confirms citizenship. Nevada doesn’t have enhanced licenses. Only five states in the nation have “EDLs” — Washington, Michigan, New York, Vermont, and, oh the irony, Minnesota!
If the SAVE Act becomes law, Nevadans showing up with a REAL ID or other government issued ID, even if it would comply with the new ballot measure, would only be able to vote on state and local state offices and issues. Voters could be stranded at polling places, and county clerks left to navigate conflicting state and federal mandates with no clear legal cover.
Even that assumes the Nevada secretary of state and all registrars and county clerks are able to adapt their processes and materials to securely and transparently split state and federal ballots on electronic, paper and mail-in ballots before voting begins. Given the glitches that have plagued system updates, centralization attempts and rule changes in the Nevada voting system, and the myriad partisan vote challenges, lawsuits and conspiracy narratives floated before, during and after Nevada elections, it’s reasonable to expect intrigue and chaos in November, especially anywhere votes are remotely close.
Don’t get me wrong: I think asking for a photo ID isn’t crazy. But basic fairness isn’t a partisan slogan — it’s a condition of democracy. If the government is going to make eligibility contingent on paperwork, then the government must be the one to deliver that paperwork at no cost and in a predictable, timely way.
That means fee waivers, sufficient DMV staffing, mobile units for rural communities, and clear outreach so people know what documents they need and how to get them. Without that, you’re not securing elections — you’re gating them. That would be disenfranchisement by administrative complexity packaged as “election integrity.”
In sum, regardless of your party affiliation, you could still be turned away in November, unless you also haul in a passport or certified copy of your birth certificate. Data suggests that the majority of Nevadans do not have a passport. I speculate many don’t have a certified copy of their birth certificate either. I also suspect naturalized citizens are more likely to have their paperwork on hand which will annoy those who confuse appearances, language or heritage with legal status.
Nevada needs electoral laws that actually protect both access and integrity, not ones that create barriers and confusion for cosmetic political talking points. Citizens deserve better than a ballot question that pretends to solve a federal problem it cannot solve.Voters deserve a system that treats voting — including for federal offices — as a right, not a scavenger hunt for paperwork that is difficult, time-consuming, and expensive to obtain.
Until then, if you want to ensure your vote counts in the midterms, pay close attention to the political maneuvers, the lawsuits that will follow, and the state’s rollout of any changes. Do all you can now to secure a passport or a certified birth certificate in the same name as your government-issued ID. And yes, you will have to pay for those in time and dollars.
- Vivian Leal, a writer and activist committed to giving voice to humanitarian principles and to work to hear them reflected in Nevada law and in the larger state and national dialogue. She adores living in the Sierra Nevada Mountains.