Simone Lawson
The Constitution does not explicitly prohibit non-citizens from voting in the United States. However, it does outline who cannot be denied the right to vote, such as men over the age of 21 who are U.S. citizens, and does not mention non-citizens. While federal law prohibits non-citizens from voting in federal elections, some states and municipalities have passed laws allowing non-citizens to vote in certain local elections. These exceptions are rare and generally apply only to specific local elections, such as school board elections. The consequences for illegal voting can be severe, including fines, imprisonment, and deportation.
| Characteristics | Values |
|---|---|
| Who can vote? | U.S. citizens, including those living outside the country, and dual citizens. |
| Who can't vote? | Non-citizens, including permanent legal residents, cannot vote in federal, state, and most local elections. |
| Who decides the rules? | Each state, although Congress has passed laws prohibiting illegal immigrants from voting for certain key roles. |
| Penalties for non-citizens voting | Illegally voting in a federal election can result in a fine, imprisonment, deportation, and revocation of legal status. |
| Non-citizen voting rights | Some municipalities allow non-citizens to vote in certain local elections, including San Francisco, Oakland, New York, and some cities in Maryland and Vermont. |
Explore related products
$29.99 $65
What You'll Learn
Non-citizens voting in local elections
The United States Constitution does not explicitly prohibit anyone from voting; instead, it outlines who cannot be denied the right to vote. The 14th Amendment grants men who are US citizens and over the age of 21 the right to vote, unless they have committed a crime. The 15th Amendment prohibits the denial of the right to vote based on race, and the 19th Amendment prohibits the denial of the right to vote based on sex.
While the Constitution does not explicitly mention non-citizens, federal law prohibits undocumented immigrants from voting in federal elections, including for the offices of the President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, and Resident Commissioner.
Despite this, some states and municipalities have enacted laws permitting non-citizens to vote in certain local elections. For example, San Francisco allows non-citizen parents or legal guardians of children in the San Francisco Unified School District to vote in Board of Education elections. This law was challenged in court, but a California Court of Appeal upheld its validity under the state constitution. Similarly, Chicago has allowed non-citizens to vote for the school board since 1989, and New York City permitted it from 1969 until 2003 when local school boards were abolished. In Maryland, the state constitution gives municipalities the authority to allow non-citizens to vote in local elections, and towns like Barnesville and Brentwood have taken advantage of this provision.
However, these laws permitting non-citizen voting are controversial. Opponents argue that they undermine the importance of citizenship and dilute the votes of legal residents. In response to concerns about voter fraud and the influence of non-citizens in local politics, several states have passed constitutional amendments explicitly banning non-citizen voting in all elections. As of 2024, at least seven states had such provisions in place, with eight additional states considering similar measures.
Eyeglasses: HSA-Eligible Expense or Not?
You may want to see also
The 14th Amendment
The Constitution does not explicitly prohibit anyone from voting. Instead, it outlines who cannot be denied the right to vote. The 14th Amendment, ratified in 1868, states that men who are U.S. citizens and over the age of 21 must be allowed to vote unless they have committed a crime. This amendment was initially enacted to secure equal treatment for African Americans after the abolition of slavery, but it also provided key rights for immigrants and their families.
While the 14th Amendment protects the rights of legal residents, it is important to note that it does not extend the same protections to unauthorized immigrants or excludable aliens. Starting in the 1890s, courts ruled that the federal government's "sovereign and plenary power" over immigration supersedes the civil rights protections guaranteed by the 14th Amendment in certain cases involving immigration-related matters.
In terms of voting rights, non-citizens, including permanent legal residents, are generally prohibited from voting in federal and state elections and most local elections. However, some municipalities have allowed non-citizens to vote in specific local elections. For example, San Francisco passed Proposition N in 2016, which granted non-citizen parents of children in the San Francisco Unified School District the right to vote for members of the Board of Education. This proposition was initially struck down by a San Francisco Superior Court Judge in 2022 but was later overturned by a California Court of Appeal.
China's Founding: Republic or Empire?
You may want to see also
Voting laws and penalties
Voting laws in the United States are governed by the Constitution and various federal and state laws. The Constitution does not explicitly prohibit anyone from voting but instead outlines who cannot be denied the right to vote. The 14th Amendment grants voting rights to men who are US citizens and over the age of 21, unless they have committed a crime. The 15th Amendment prohibits the denial of the right to vote based on race, and the 19th Amendment prohibits denial based on sex.
While the Constitution guarantees voting rights to certain citizens, it does not explicitly address the voting rights of noncitizens or illegal immigrants. Federal law prohibits noncitizens from voting in federal elections, and this has been a crime punishable by fines and imprisonment since 1996. However, the law does not prohibit noncitizens from voting in state or local elections.
Some states and municipalities have enacted laws that allow noncitizens to vote in certain local elections. For example, San Francisco allows noncitizen parents and guardians to vote in school board elections, and Maryland grants similar rights in some municipalities. These exceptions are relatively rare, and no state currently allows noncitizens to vote in statewide elections.
Voting illegally in a federal election can result in significant penalties, including fines and up to one year in federal prison. For noncitizens, the consequences can be even more severe, including deportation and revocation of legal status under immigration law. While instances of noncitizen voting are rare, the potential penalties serve as a strong deterrent to prevent such occurrences.
Exploring Supreme Court Duties: Constitutional Focus
You may want to see also
Explore related products
State constitutions and statutes
The Constitution does not prohibit anyone from voting. Instead, it outlines who cannot be denied the right to vote. The 14th Amendment grants men who are U.S. citizens and over the age of 21 the right to vote, unless they have committed a crime. The 15th Amendment prohibits the denial of the right to vote based on skin colour, and the 19th Amendment prohibits denial based on sex.
While federal law does not prohibit noncitizens from voting in state or local elections, no state currently allows noncitizens to vote in statewide elections. However, some states and municipalities have passed laws allowing noncitizens to vote in certain local elections. These include San Francisco, Oakland, New York, Montpelier, Winooski, and some cities in Maryland and Vermont. In Maryland, the state constitution gives municipalities the authority to allow people outside those qualifications to vote without requiring state approval of such changes. For example, in Takoma Park, noncitizens have been granted the right to vote in local elections.
In San Francisco, voters passed Proposition N in 2016, allowing non-citizen residents who are parents, legal guardians, or caregivers of a child in the San Francisco Unified School District to vote for members of the Board of Education. However, this amendment was struck down by a San Francisco Superior Court Judge in 2022, who ruled that it violated the state Constitution. A California Court of Appeal later overturned this ruling, arguing that Proposition N was permissible under the state constitution and the City Charter.
Noncitizens in Chicago have been allowed to vote for the school board since 1989, and New Yorkers who were not citizens had the same right from 1969 until 2003 when local school boards were abolished. At least two school districts in California also permit noncitizens to vote in school board elections.
Illegally voting in a federal election can result in a fine and up to one year in federal prison. Additionally, a noncitizen found guilty of this crime may face deportation and revocation of their legal status under immigration law.
Implied Powers: Understanding Tax Levies and Collections
You may want to see also
Federal elections
The U.S. Constitution does not explicitly forbid noncitizens from voting. Instead, it sets two rules regarding voting qualifications: state legislatures have the authority to determine the voting qualifications of the electorate, and state legislatures are forbidden from restricting suffrage based on religion, ethnicity, sex, poll taxes, and age.
However, federal law states that it is unlawful for noncitizens to vote in federal elections. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) criminalized noncitizen voting in federal elections, with punishments including fines, up to five years in federal prison, and deportation. This legislation aimed to strengthen the rule of law by cracking down on illegal immigration without punishing legal residents.
While noncitizens are prohibited from voting in federal elections, some states and municipalities allow noncitizens to vote in certain local elections, such as school board, city council, or mayoral races. These localities include San Francisco, Oakland, and cities in Maryland and Vermont. However, communities that allow noncitizen voting maintain separate ballots for municipal elections to ensure that noncitizens cannot vote in federal or state elections.
It is important to note that voter fraud by noncitizens is considered extremely rare, and there is no evidence that unauthorized immigrants are voting in significant numbers. Nevertheless, the consequences for breaking federal election law can be severe for noncitizens, including prison time, fines, and denial of future immigration status.
Capitalism and the Constitution: Friends or Foes?
You may want to see also
Frequently asked questions
No, illegal immigrants are prohibited from voting in federal elections. However, some municipalities allow non-citizens to vote in certain local elections.
Illegally voting in a federal election can result in a fine and up to one year in federal prison. A non-citizen found guilty of this crime may also face deportation and revocation of their legal status under immigration law.
Examples include San Francisco, Oakland, New York, and some cities in Maryland and Vermont.
Proponents argue that citizenship is an irrelevant qualification when voting for local officials who deal with local responsibilities such as parks, public transportation, and garbage collection.
