Jonah Patel
The US Constitution does not explicitly address immigrant voting rights. However, it is important to note that the right to vote in the United States is largely determined by state and local laws, with some states and municipalities allowing non-citizens to vote in certain local elections. While federal law prohibits non-citizens from voting in federal elections, it does not prevent states or municipalities from granting non-citizens the right to vote in local elections. As such, a handful of cities, including San Francisco, Oakland, and some towns in Maryland and Vermont, have extended voting rights to non-citizens in specific local elections.
| Characteristics | Values |
|---|---|
| Federal law | Bans noncitizens from voting in federal elections |
| Federal law | Does not prohibit noncitizens from voting in state or local elections |
| Federal law | Allows U.S. citizens living outside the U.S. to vote |
| Federal law | Allows U.S. citizens who were born abroad and have never lived in the U.S. to vote |
| IIRAIRA | Criminalized noncitizen voting in federal elections |
| IIRAIRA | Does not prohibit noncitizens from voting in state or local elections |
| Maryland | Allows noncitizens to vote in certain local elections |
| Vermont | Allows noncitizens to vote in municipal elections |
| New York City | Passed a law in 2021 allowing noncitizens to vote in local elections, but it was ruled unconstitutional by a state judge in 2022 |
| San Francisco | Allows noncitizen parents and guardians to vote in school board elections |
| Oakland | Attempting to enact a law to allow noncitizens to vote in local elections |
| Chicago | Allowed noncitizens to vote for the school board from 1989 to 2003 |
| New York | Allowed noncitizens to vote for the school board from 1969 to 2003 |
| Consequences of illegal voting | Fine, imprisonment, deportation, and revocation of legal status |
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What You'll Learn
Non-citizens voting in local elections
Non-citizens in the United States are generally prohibited from voting in federal, state, and most local elections. However, some municipalities have enacted laws permitting non-citizens to vote in certain local elections. These include the District of Columbia and certain municipalities in California, Maryland, and Vermont.
In Maryland, the state constitution gives municipalities the authority to allow non-citizens to vote in local elections without requiring state approval. As of March 2025, the towns of Barnesville and Brentwood in Maryland allowed non-citizens to vote in local elections. Barnesville's town charter defines qualified voters as "having resided therein for six months previous to any town election and being eighteen years of age." Similarly, Brentwood's town charter specifies that every person shall be a qualified voter who "is a citizen of the United States or, if not a citizen, is a lawful resident."
In 1992, the City of Takoma Park, Maryland, became the first municipality in the country to restore non-citizen voting in local elections. The city argued that Maryland's constitution gives municipalities the power to determine suffrage qualifications for municipal elections, and that citizenship is irrelevant when voting for local officials dealing with local responsibilities.
In California, San Francisco voters passed Proposition N in 2016, allowing non-citizens who are parents, legal guardians, or caregivers of children in the San Francisco Unified School District to vote for members of the Board of Education. While a San Francisco Superior Court judge initially struck down Proposition N in 2022, a California Court of Appeal overturned the ruling, arguing that it was permissible under the state constitution and the City Charter. As of August 2023, a California Court of Appeal upheld San Francisco's non-citizen voting program, permitting non-citizen parents to vote in Board of Education elections.
In Oakland, California, voters approved a charter amendment in 2022 to allow non-citizen residents who are parents, legal guardians, or caregivers of children to vote for the Oakland School Board Director. As of March 2025, the law had not been implemented.
While non-citizen voting is rare and not widespread enough to impact election outcomes, it is important to note that illegally voting as a non-citizen in federal elections can result in legal consequences, including fines and imprisonment, as well as potential deportation and revocation of legal status.
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Federal law banning non-citizens from federal elections
The US Constitution does not explicitly ban non-citizens from voting in federal elections. Instead, it outlines who is allowed to vote, such as in the 14th Amendment, which states that male US citizens over the age of 21 must be allowed to vote unless they have committed a crime. However, federal law does ban non-citizens from voting in federal elections. This ban was enacted in 1996 with the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), which criminalized non-citizen voting in federal elections.
While the US Constitution does not explicitly address non-citizen voting, it does provide a framework for eligibility. The 14th Amendment, for instance, guarantees voting rights to male citizens over 21, while the 15th and 19th Amendments prohibit denying the right to vote based on race and sex, respectively. The Constitution also uses the terms "people" and "person" rather than "citizen" in many sections, indicating that certain rights may apply to non-citizens as well.
Despite this, federal law prohibits non-citizens from voting in federal elections. The IIRAIRA, passed in 1996, specifically criminalized non-citizen voting in these elections. This law was implemented to strengthen border control and reduce illegal immigration, with Section 611 explicitly addressing non-citizen voting. However, it is important to note that the IIRAIRA did not prohibit non-citizens from voting in state or local elections, and some states and municipalities have allowed non-citizens to vote in certain local elections.
In recent years, there have been efforts to grant non-citizens the right to vote in some local elections. For example, San Francisco passed Proposition N in 2016, allowing non-citizen parents of children in the San Francisco Unified School District to vote for members of the Board of Education. This law was initially struck down by a judge in 2022 but was later upheld by a California Court of Appeal. Other cities, such as New York, Montpelier, Winooski, and Oakland, have also granted non-citizens the right to vote in certain local elections. However, these policies have faced legal challenges, and some states, like North Dakota, have amended their constitutions to ban non-citizen voting altogether.
In conclusion, while the US Constitution does not explicitly ban non-citizens from voting in federal elections, federal law does prohibit this through the IIRAIRA. The right to vote for non-citizens varies at the state and local levels, with some municipalities granting voting rights in specific local elections, while others have implemented comprehensive bans. The topic of non-citizen voting remains a complex and evolving issue in the United States.
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Non-citizen voting as a punishable offence
The US Constitution does not explicitly address immigrant voting rights, but it does outline who is not permitted to vote. The 14th Amendment grants voting rights to male US citizens over the age of 21, unless they have committed a crime. The 15th Amendment prohibits denying the right to vote based on race, and the 19th Amendment prohibits denying it based on sex.
While the Constitution does not explicitly prohibit non-citizen voting, it was not until 1926 that all states passed laws barring non-citizens from voting. In 1996, the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) criminalized non-citizen voting in federal elections, but it did not explicitly prohibit non-citizens from voting in state or local elections.
Voting in federal elections as a non-citizen is illegal and can result in a fine, up to a year in federal prison, or both. Additionally, a non-citizen found guilty of this crime may face deportation and revocation of their legal status. Falsely claiming US citizenship for the purpose of registering to vote can also result in deportation or denial of future immigration status.
Some states, like North Dakota, Alabama, Colorado, Arizona, Florida, Louisiana, and Ohio, have passed bans on non-citizen voting. However, there are some municipalities, like San Francisco, Maryland, and Takoma Park, that allow non-citizens to vote in certain local elections. These communities maintain separate ballots for municipal elections to ensure that non-citizens cannot vote in state or federal contests.
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States allowing non-citizens to vote in local elections
The US Constitution does not explicitly prohibit anyone from voting. Instead, it outlines who cannot be denied the right to vote. The 14th Amendment states that male US citizens over 21 years of age must be allowed to vote unless they have committed a crime. The 15th Amendment prohibits denying the right to vote based on race, and the 19th Amendment prohibits denying this right based on sex.
In 1996, the US Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), which criminalized non-citizen voting in federal elections. However, this law did not explicitly prohibit non-citizens from voting in state or local elections, which are governed by state constitutions and local ordinances.
California
In 2016, San Francisco voters passed Proposition N, allowing non-citizen parents, legal guardians, or caregivers of children in the San Francisco Unified School District to vote for members of the Board of Education. This law was initially struck down by a San Francisco Superior Court Judge in July 2022 but was later overturned by a California Court of Appeal, permitting non-citizen parents to continue voting in Board of Education elections.
Maryland
Maryland's state constitution gives municipalities the authority to allow non-citizens to vote in local elections. As of March 2025, the towns of Barnesville and Brentwood allow non-citizens to vote if they meet specific residency and age requirements.
Vermont
Vermont municipalities, including Burlington and Montpelier, have approved charter amendments granting non-citizen residents the right to vote in local elections.
District of Columbia
In October 2022, the District of Columbia Council passed the D.C. Noncitizen Vote Act, allowing non-citizens to vote in local elections.
New York
New York City allowed non-citizens to vote in local elections in 2021, but this was ruled unconstitutional by a state judge in 2022.
Other Municipalities
Oakland, California, is working to enact a law similar to San Francisco's, allowing non-citizen parents and guardians to vote in school board elections. Chicago has allowed non-citizens to vote for the school board since 1989, and Takoma Park, Maryland, also permits non-citizen voting in local elections.
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Non-citizen voting in school board elections
The US Constitution does not explicitly address immigrant voting rights. However, it does spell out who cannot be denied the right to vote, and the 14th Amendment grants voting rights to men who are US citizens and over the age of 21, unless they have committed a crime. While the Constitution does not prohibit anyone from voting based on citizenship status, individual states have the authority to set voting requirements for local elections.
Similarly, in Maryland, the state constitution grants municipalities the authority to allow non-citizens to vote in local elections. For example, the towns of Barnesville and Brentwood allow certain non-citizens who meet specific residency requirements to vote in local elections.
Historically, non-citizen voting was more common in the United States. However, by 1931, non-citizen voting had become rare, and in 1996, the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) criminalized non-citizen voting in federal elections. Despite this, some localities continue to grant non-citizens the right to vote in certain local elections, such as school board elections, recognizing the importance of including all stakeholders in decisions that impact their communities.
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Frequently asked questions
The US Constitution does not explicitly ban non-citizens from voting. However, federal law prohibits non-citizens from voting in federal elections, and no state constitutions allow non-citizens to vote in state elections.
Some municipalities allow non-citizens to vote in certain local elections. For example, San Francisco allows resident non-citizen parents and guardians 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. Non-citizens who cast a ballot and are caught may also face deportation and revocation of their legal status under immigration law.
