Jonah Patel
The U.S. Constitution does not explicitly prohibit non-citizens from voting. However, it does not grant them the right to vote either. Instead, it sets two rules regarding voting qualifications: state legislatures have the authority to determine the voting qualifications of their electorate, and state legislatures are forbidden from restricting suffrage based on religion, ethnicity, sex, poll taxes, and age. While non-citizens are barred from voting in federal, state, and most local elections, some municipalities, like Takoma Park, Maryland, and San Francisco, have permitted non-citizens to vote in local elections.
| Characteristics | Values |
|---|---|
| Non-citizens allowed to vote in federal elections | No |
| Non-citizens allowed to vote in state elections | No, except in some municipalities |
| Non-citizens allowed to vote in local elections | Yes, in some municipalities |
| Penalties for non-citizen voting in federal elections | Fines, imprisonment, or both |
| Penalties for false claims of non-citizen voting | Prison time, deportation |
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What You'll Learn
Non-citizens voting in US federal elections
Non-citizens have been barred from voting in US federal elections since 1924. In 1996, Congress made non-citizen voting in federal elections a crime punishable by fines and imprisonment. However, the US Constitution does not explicitly forbid non-citizens from voting. Instead, it sets two rules regarding voting qualifications: state legislatures have the authority to determine the voting qualifications of the electorate, and the US Constitution explicitly forbids state legislatures from restricting suffrage based on religion, ethnicity, sex, poll taxes, and age.
While non-citizens are prohibited from voting in federal elections, some municipalities allow non-citizens to vote in local elections. For example, in 1992, the City of Takoma Park, Maryland, became the first municipality in the country to restore non-citizen voting in local elections. Other municipalities that have allowed non-citizen voting in local elections include San Francisco, New York, Montpelier, Winooski, Oakland, Washington, D.C., and Burlington. In San Francisco, voters passed a charter amendment called Proposition N in 2016, which gave non-citizens the right to vote in the city's school board elections. However, this law was struck down by a San Francisco Superior Court Judge in July 2022, who stated that it violated the state Constitution. A California Court of Appeal overturned this ruling a few months later, arguing that Proposition N was permissible under the state constitution and the City Charter.
Opponents of non-citizen voting have filed lawsuits at both the state and federal levels, arguing that the participation of non-citizens diminishes the voting power of legal citizens. These lawsuits have had mixed results, with some non-citizen voting laws being overturned, while others have been upheld. For example, New York's non-citizen voting law was overturned in 2022, while San Francisco's law was upheld on appeal in 2023. In 2018, North Dakota became the first state to ban non-citizen voting by changing its constitution.
Despite claims by certain politicians that non-citizen voting is widespread, studies have shown that it is actually very rare. States have multiple checks in place to ensure that only eligible citizens can vote, and those who violate the law face prison time and deportation.
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Non-citizen voting in state elections
However, the Constitution does set two rules regarding voting qualifications: state legislatures have the authority to determine the voting qualifications of their electorate, and state legislatures are explicitly forbidden from restricting suffrage based on religion, ethnicity, sex, poll taxes, and age.
Despite this, some municipalities, including San Francisco, New York, Montpelier, and Winooski, have allowed non-citizens to vote in local elections. In 1992, the City of Takoma Park, Maryland, became the first municipality to restore non-citizen voting in local elections. Proponents of non-citizen voting in local elections argue that citizenship is an irrelevant qualification when voting for local officials, as they deal with local responsibilities such as parks and recreation, arts programs, and public transportation.
Opponents of these policies have filed lawsuits at both the state and federal levels, arguing that the participation of non-citizens diminishes the voting power of legal citizens. In 2018, North Dakota became the first state to ban non-citizen voting by changing its constitution.
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Non-citizen voting in local elections
Non-citizen voting in elections, especially federal elections, has been a topic of debate in the United States. While non-citizens have been barred from voting in federal elections for over a century, some municipalities have lawfully allowed non-citizens to vote in local elections. The U.S. Constitution does not explicitly forbid non-citizens from voting, but 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.
In 1992, the City of Takoma Park, Maryland, became the first municipality to restore non-citizen voting in local elections. Takoma Park argued that Maryland's constitution gives municipalities the power to determine suffrage qualifications for municipal elections. They also argued that citizenship was an irrelevant qualification when voting for local officials because they only deal with local responsibilities, such as parks and recreation, arts programs, public transportation, and utilities. Following Takoma Park, other municipalities that allowed non-citizens to vote in local elections include San Francisco, New York (2021), Montpelier (2021), Winooski (2021), Oakland (2022), Washington, D.C. (2022), and Burlington (2023).
Opponents of these policies have filed lawsuits to stop non-citizens from voting, arguing that their participation diminishes the voting power of legal citizens. For example, in 2022, a San Francisco Superior Court judge struck down Proposition N, a charter amendment that allowed non-citizen parents of children residing in San Francisco to vote in the city's Board of Education elections. The judge ruled that the law violated the state Constitution, which reserves the right to vote for United States citizens. However, a few months later, a California Court of Appeal overturned this ruling, arguing that Proposition N was permissible under the state constitution and the City Charter.
While non-citizen voting in local elections is allowed in some municipalities, it is essential to note that non-citizen voting in federal elections is a crime punishable by fines and imprisonment. Additionally, voter fraud by non-citizens has been found to be "exceedingly rare," with audits and studies showing that non-citizens may accidentally register to vote due to automatic registration processes, but only a small number cast ballots.
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Municipalities allowing non-citizen voting
The U.S. Constitution does not explicitly prohibit non-citizens 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. While no state constitutions allow non-citizens to vote in state elections, some municipalities do permit them to vote in local elections.
In 1992, the City of Takoma Park, Maryland, became the first municipality in the country to restore non-citizen voting in local elections. Takoma Park argued that Maryland's constitution expressly delegates municipalities the power to determine suffrage qualifications for municipal elections in their city charters. They also argued that citizenship was an irrelevant qualification when voting for local officials because they deal with local responsibilities, such as parks and recreation, arts programs, public transportation, garbage collection, water, and sewage.
Other municipalities that allow non-citizens to vote in local elections include:
- San Francisco (since 2016)
- New York (since 2021)
- Montpelier (since 2021)
- Winooski (since 2021)
- Oakland (since 2022)
- Washington, D.C. (since 2022)
- Burlington (since 2023)
Opponents of these policies have filed lawsuits at both the state and federal levels to stop non-citizens from voting, arguing that their participation diminishes the voting power of legal citizens. New York's non-citizen voting law was overturned in 2022, while San Francisco's law was upheld on appeal in 2023.
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Voting laws for US citizens abroad
The US Constitution does not explicitly prohibit non-citizens from voting. However, non-citizens are barred from voting in federal elections and some local elections. A handful of municipalities, including San Francisco, New York, and Takoma Park, Maryland, allow non-citizens to vote in local elections.
US citizens living abroad can vote in US federal, state, and local elections. To do so, they must register with local election officials in their state of voting residence and request an absentee ballot. This can be done through the Federal Voting Assistance Program (FVAP) website or by submitting a Federal Post Card Application (FPCA) to local election officials. US citizens who are 18 years or older and were born abroad but have never resided in the US may be eligible to vote absentee in some states. It is important to note that US citizens abroad must submit a new FPCA each year to vote in US elections.
The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) protects the right to vote for US citizens outside of the country. This law allows overseas voters to register and request an absentee ballot using the FPCA form. Military voters can take advantage of free Express Mail services from military post offices. Additionally, local election officials may notify voters of any issues with their ballot, such as a signature omission or mismatch.
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Frequently asked questions
No, the US Constitution does not explicitly prohibit non-citizens from voting. However, it does not allow non-citizens to vote in federal and state elections.
Yes, non-citizens are allowed to vote in some local elections. Municipalities like Takoma Park, San Francisco, New York, Montpelier, Winooski, Oakland, Washington D.C., and Burlington allow non-citizens to vote in local elections.
To vote in US federal, state, and local elections, one must be a US citizen, including US citizens living outside the country.
No, despite claims by certain politicians, non-citizen voting is exceedingly rare. Studies show that it is not happening on a significant scale.
Non-citizen voting in federal elections is a crime punishable by fines and imprisonment of up to one year.
