Eleanor Finch
Non-citizen voting in the United States has been a topic of debate and legal contention. While federal law does not explicitly prohibit non-citizens from voting in state or local elections, no state currently allows non-citizens to vote in statewide elections. However, a handful of municipalities, including San Francisco, New York City, Oakland, and some cities in Maryland and Vermont, have permitted non-citizens to vote in certain local elections, such as school board or city council races. Opponents of these policies have argued that they diminish the voting power of legal citizens and have filed lawsuits to challenge them, with mixed results. The penalties for voting as a non-citizen in federal elections can include fines and imprisonment, and non-citizen voting is considered a rare occurrence.
| Characteristics | Values |
|---|---|
| Non-citizen voting in federal elections | Illegal and punishable by fines and imprisonment |
| Non-citizen voting in state elections | Not allowed in any state |
| Non-citizen voting in local elections | Allowed in some municipalities, including San Francisco, Oakland, New York City, Montpelier, Winooski, Burlington, and some cities in Maryland and Vermont |
| Penalties for voting as a non-citizen | Fines, up to one year in federal prison, deportation, and revocation of legal status |
| Voter fraud by non-citizens | Rare, with small numbers of non-citizens registering to vote, often by mistake |
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What You'll Learn
Non-citizen voting in local elections
Non-citizen voting in elections, particularly local elections, has been a topic of debate in the United States. While federal law does not explicitly prohibit non-citizens from voting in local elections, the decision to allow non-citizen voting lies with individual states and municipalities.
As of March 2025, the District of Columbia and certain municipalities in California, Maryland, and Vermont allowed non-citizens to vote in some or all local elections. For example, in 2016, San Francisco voters approved Proposition N, which allowed non-citizen residents who were parents, legal guardians, or caregivers of children in the city's school district to vote in Board of Education elections. This law was initially struck down by a San Francisco Superior Court Judge in 2022 as a violation of the state Constitution but was later upheld by a California Court of Appeal. Similarly, Oakland voters approved a charter amendment in 2022 to allow non-citizen residents who are parents, legal guardians, or caregivers to vote for the Oakland School Board Director.
Other cities that have permitted non-citizen voting in local elections include Takoma Park in Maryland, which became the first municipality to restore non-citizen voting rights in local elections in 1992, and New York City, which enacted a similar law in 2021, though it was later ruled unconstitutional by a state judge in 2022.
Opponents of non-citizen voting argue that it diminishes the voting power of legal citizens and have filed lawsuits to stop these practices. On the other hand, proponents argue that citizenship is an irrelevant qualification for local elections, as they deal with local responsibilities such as parks, transportation, and education.
It is important to note that instances of non-citizen voting are rare, and illegal voting by non-citizens is routinely investigated and prosecuted by authorities. The consequences for breaking federal election law can be severe for non-citizens, including prison time, deportation, and denial of future immigration status.
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Penalties for non-citizen voting
Voting in elections as a non-citizen in the United States can have serious repercussions on lawful immigration status. Non-citizen voting in federal elections has been a crime punishable by fines and imprisonment since 1996. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 prohibits non-citizens from voting in federal elections, threatening fines, imprisonment, inadmissibility, and deportation. Even Legal Permanent Residents or "green card" holders who vote in any election requiring citizenship can be placed in removal proceedings and deported.
While federal law does not prohibit non-citizens from voting in state or local elections, no state constitutions allow non-citizens to vote in state elections. However, a small number of municipalities, including eleven cities in Maryland, Washington, D.C., and two school districts in California, permit non-citizens to vote in local or municipal elections. Despite this, non-citizen turnout in these elections is often very low, with some expressing fear of backlash and how voting might affect their citizenship application.
The issue of non-citizen voting has been contentious and the subject of deceptive narratives and conspiracy theories. Some states have proposed or passed laws to address this non-existent problem, such as Arkansas' House Bill 1422, which seeks to confirm registered voters' citizenship status and share non-citizen information with the Secretary of State's office. These efforts have been criticized for being unnecessary and contributing to voter suppression, particularly targeting marginalized communities and naturalized citizens.
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History of non-citizen voting laws
In the United States, federal law does not prohibit noncitizens from voting in state or local elections. However, no state allows noncitizens to vote in federal or statewide elections. While voter fraud by noncitizens is extremely rare, some states have attempted large-scale voter roll purges to remove ineligible voters.
In 2016, San Francisco passed Proposition N, which allowed non-citizen residents who were of legal voting age and parents, legal guardians, or legally recognized caregivers of children in the city's school district to vote for members of the Board of Education. This law took effect in 2018 but was struck down by a San Francisco Superior Court Judge in 2022, who stated that it violated the state Constitution. However, a California Court of Appeal later overturned this ruling, arguing that Proposition N was permissible under the state constitution and the City Charter.
Following San Francisco's lead, other municipalities, including New York (2021), Montpelier (2021), Winooski (2021), Oakland (2022), Washington, D.C. (2022), and Burlington (2023), allowed noncitizens to vote in local elections. However, opponents of these policies filed lawsuits, arguing that noncitizen participation diminished the voting power of legal citizens. As a result, New York's noncitizen voting law was overturned in 2022, while San Francisco's law was upheld on appeal in the same year.
In 2018, North Dakota became the first state to ban noncitizen voting by changing its constitution. In 2025, the US House passed the Safeguard American Voter Eligibility Act (SAVE Act), requiring people to provide proof of citizenship to register to vote. This bill was based on the false belief that large numbers of noncitizens were voting and was criticized for potentially disenfranchising millions of American citizens who may lack readily available proof of citizenship.
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Non-citizen voting in school board elections
One notable example is San Francisco, California, where a charter amendment called Proposition N was passed in 2016 with 54% voter support. Proposition N allows non-citizen residents of San Francisco who are of legal voting age and are parents, legal guardians, or caregivers of children in the San Francisco Unified School District to vote in Board of Education elections. This law was challenged in court, with a judge initially ruling in July 2022 that it violated the California Constitution. However, this ruling was overturned by the California Court of Appeal in August 2023, allowing non-citizen voting in San Francisco's school board elections to continue.
To register as a non-citizen voter in San Francisco's school board elections, individuals must be residents of San Francisco with the intention to remain so until the next Board of Education election. They must also be parents, legal guardians, or caregivers of children residing in the city. Non-citizen voters are provided with multilingual registration forms, ballots, and voter information booklets. It is important to note that this non-citizen voting right is specific to San Francisco's school board elections and does not extend to any other local, state, or federal elections.
Other municipalities that have allowed non-citizen voting in local elections include New York (2021), Montpelier (2021), Winooski (2021), Oakland (2022), Washington, D.C. (2022), and Burlington (2023). However, these policies have faced legal challenges, with opponents arguing that they diminish the voting power of legal citizens. For instance, New York's non-citizen voting law was overturned in 2022, while North Dakota amended its constitution in 2018 to ban non-citizen voting.
It is important to note that illegally voting as a non-citizen in federal elections can result in legal consequences, including fines, imprisonment, and potential deportation or denial of future immigration status.
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Non-citizen voting fraud
Federal laws prohibit foreign nationals from participating in federal, state, or local elections by making any contributions or expenditures. However, there have been instances of foreign nationals exploiting loopholes in the law's interpretation, resulting in foreign interference in elections. To address this, the Department of Homeland Security is required to share database information with states to maintain accurate voter registration lists and prevent fraudulent votes.
The National Voter Registration Act of 1993 mandates that states use a common voter registration form, which includes an attestation of citizenship under penalty of perjury. States verify voter information using databases such as the Social Security Administration and state departments of motor vehicles. Despite these measures, there have been instances of non-citizens registering to vote or casting ballots, albeit in small numbers.
Between 1999 and 2023, there were only 77 cases of non-citizens voting, according to a BPC analysis of the Heritage Foundation's Election Fraud Cases database. A separate study examining 23.5 million votes across 42 jurisdictions in the 2016 general election found approximately 30 instances of non-citizen voting. Audits by election officials and studies by nonpartisan organizations have consistently shown that voter fraud by non-citizens is "exceedingly rare."
While non-citizen voting fraud may occur, it is important to note that it has not been significant enough to influence election outcomes. The consequences for illegal voting are severe, including fines, prison time, and deportation for non-citizens, which act as deterrents. Additionally, states regularly audit their databases to remove ineligible voters, further safeguarding the integrity of the election process.
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Frequently asked questions
No, the US Constitution does not allow non-citizens to vote in federal or statewide elections. However, some municipalities permit non-citizens to vote in certain local elections.
Non-citizen voting laws vary across the US. Some states and municipalities that allow non-citizens to vote in local elections include:
- San Francisco
- Tacoma Park
- New York
- Montpelier
- Winooski
- Oakland
- Washington, D.C.
- Burlington
- Maryland
- Vermont
Proponents of non-citizen voting argue that it is a practical incentive to attract workers and families to populate certain areas. Additionally, in the case of Takoma Park, it was argued that citizenship was an irrelevant qualification when voting for local officials dealing with local responsibilities.
Illegally voting as a non-citizen in a federal election can result in fines, imprisonment, and deportation. Additionally, falsely claiming US citizenship for the purpose of registering to vote may result in deportation or denial of future immigration status.
While there are instances of non-citizen voting, audits and studies have shown that it is rare. Investigations and prosecutions of illegal voting, including by non-citizens, routinely occur, and there is no evidence that non-citizen voting has impacted an election's outcome.
