Isabella Carter
The United States Constitution has barred non-citizens from voting in federal elections for over a century. However, the Constitution leaves room for interpretation regarding state and local elections, with some municipalities permitting non-citizens to vote in certain local elections. While voter fraud by non-citizens is rare, the consequences of breaking federal election law can be severe, including fines, imprisonment, and deportation. This raises questions about the voting rights of non-citizens in the US and the potential impact on election outcomes.
| Characteristics | Values |
|---|---|
| Non-citizens allowed to vote in federal elections | No |
| Non-citizens allowed to vote in state elections | No |
| Non-citizens allowed to vote in local elections | Yes, in some municipalities |
| Penalty for non-citizens voting illegally | Fine, imprisonment, deportation, revocation of legal status, denial of future immigration status |
| Instances of non-citizens voting illegally | Rare |
Explore related products
$9.99 $9.99
What You'll Learn
- Non-citizen voting in federal elections has been a crime since 1996
- Non-citizens can vote in some local elections
- Municipalities have the power to determine suffrage qualifications for municipal elections
- Non-citizen voting is rare, and there is no evidence it has impacted an election outcome
- Non-citizens who vote illegally can face fines, imprisonment, and deportation
Non-citizen voting in federal elections has been a crime since 1996
While non-citizen voting in federal elections is illegal, some municipalities allow non-citizens to vote in local elections. For example, in 1992, the City of Takoma Park, Maryland, became the first municipality to restore non-citizen voting in local elections. Other places that allow non-citizen voting in local elections include 11 towns in Maryland, two in Vermont, and San Francisco. However, a San Francisco Superior Court judge struck down this ordinance in July 2022, stating that it violated the state Constitution. A California Court of Appeal later overturned this ruling, arguing that it was permissible under the state constitution and the City Charter.
Despite concerns raised by some politicians and pundits about non-citizen voting in federal elections, studies have shown that this is extremely rare. Audits by state officials and nonpartisan organizations have found that voter fraud by non-citizens is "exceedingly rare." For example, a 2022 Georgia investigation found 1,634 incidents of non-citizens attempting to register to vote between 1997 and 2022, but all were blocked until they could provide proof of citizenship. Similarly, a BPC analysis of The Heritage Foundation's Election Fraud Cases database found only 77 instances of non-citizens voting between 1999 and 2023.
The process of verifying voter citizenship varies across the United States. The National Voter Registration Act of 1993 requires states to use a common voter registration form, which includes an attestation that the applicant is a U.S. citizen under penalty of perjury. States verify voter identity and information using state and/or federal databases, such as the Social Security Administration or state departments of motor vehicles.
The Chief's Role: Managing a Political Party's Direction
You may want to see also
Non-citizens can vote in some local elections
Non-citizens are barred from voting in federal elections in the United States. Since 1996, non-citizen voting in federal elections has been a crime punishable by fines and imprisonment. Illegally voting in a federal election can also result in deportation and revocation of legal status under immigration law.
However, some municipalities do allow non-citizens to vote in certain 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. From a legal standpoint, Takoma Park argued that Maryland's constitution expressly delegates municipalities the power to determine suffrage qualifications for municipal elections in their city charters. In addition, from a practical perspective, Takoma Park 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-citizen voting in local elections include 11 towns in Maryland (as of March 2025), two in Vermont, and San Francisco. In 2016, voters in San Francisco passed Proposition N with 54% support, which gave non-citizens the right to vote in the city's school board elections. While Proposition N was initially struck down by a San Francisco Superior Court Judge, a California Court of Appeal later overturned this ruling, arguing that it was permissible under the state constitution and the City Charter.
In 2022, New York City passed a law that would allow legally documented non-citizens and "Dreamers" to vote for the mayor and other elected officials, but a judge blocked the move.
While non-citizen voting does occur in some local elections, it is important to note that it is relatively rare. Audits by state officials and studies from nonpartisan organizations have found that voter fraud by non-citizens is uncommon, and there is no evidence that non-citizen voting has ever significantly impacted an election's outcome.
Separation of Powers: Are They in the Constitution?
You may want to see also
Municipalities have the power to determine suffrage qualifications for municipal elections
The United States Constitution forbids non-citizens from voting in federal elections. Illegally voting in a federal election can result in a fine and up to one year in federal prison. Non-citizens found guilty of this crime may also face deportation and revocation of their legal status. However, some municipalities have allowed non-citizens 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 only deal with local responsibilities, such as parks and recreation, arts programs, public transportation, garbage collection, water, and sewage. Since then, eleven municipalities in Maryland and Washington, D.C., have opted to allow non-citizens to participate in municipal elections.
In 2016, voters in San Francisco passed a charter amendment called Proposition N with 54% support. Proposition N gave non-citizens the right to vote in the city's school board elections. An official statement of support for the measure said, "All parents, regardless of citizenship, will have the opportunity to become an integral part of their child's education through the voting process. It is estimated that at least 1 out of 3 children in SF public schools has an immigrant parent. Tens of thousands of SF residents would become eligible to vote in School Board elections." However, San Francisco Superior Court Judge Richard B. Ulmer, Jr. struck down Proposition N in July 2022, stating that the law violated the state Constitution. A California Court of Appeal overturned Ulmer's ruling a few months later, arguing that Prop N was permissible under the state constitution and the City Charter.
Other municipalities that have allowed non-citizens to vote in local elections include New York (2021), Montpelier (2021), Winooski (2021), Oakland (2022), Washington, D.C. (2022), and Burlington (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, and North Dakota became the first state to ban non-citizen voting in 2018.
In conclusion, while the US Constitution forbids non-citizens from voting in federal elections, municipalities do have the power to determine suffrage qualifications for municipal elections in certain states. However, the legality of these policies is often contested, and the matter is still being debated in courts across the country.
Criminal Court Jurisdiction: Constitutional or Special?
You may want to see also
Explore related products
Non-citizen voting is rare, and there is no evidence it has impacted an election outcome
Non-citizen voting is rare in the United States, and there is no evidence that it has ever impacted an election outcome. While non-citizens are barred from voting in federal elections and most local elections, a handful of municipalities permit non-citizens to vote in certain local elections. These exceptions are rare, and the number of non-citizens voting in these elections is even smaller.
The National Voter Registration Act of 1993 requires states to use a common voter registration form, which includes an attestation that the applicant is a U.S. citizen under penalty of perjury. States verify voter identity and information using federal and state databases, such as the Social Security Administration and state departments of motor vehicles. This process helps ensure that only eligible citizens can vote and that non-citizen voting is rare.
Despite these measures, there have been concerns about non-citizen voting in the United States. Studies and audits, however, have found that non-citizen voting is "exceedingly rare" and that there is no evidence that it has impacted election outcomes. For example, a BPC analysis of The Heritage Foundation's Election Fraud Cases database found only 77 instances of non-citizens voting between 1999 and 2023. Similarly, a study by the Brennan Center for Justice analyzing 23.5 million votes across 42 jurisdictions in the 2016 general election found approximately 30 instances of non-citizen voting.
While non-citizen voting is illegal and can result in fines, imprisonment, and deportation, the small number of instances suggests that it is not a widespread issue. Furthermore, the impact of non-citizen voting on election outcomes is negligible, as evidenced by the low number of cases identified in studies and audits.
In conclusion, while non-citizen voting is rare and illegal in the United States, the impact on election outcomes is non-existent. The measures in place to prevent non-citizen voting, combined with the low incidence rate, suggest that it is not a significant issue in the U.S. electoral process.
Enumerated Powers: Congress' Triple Threat to Get Things Done
You may want to see also
Non-citizens who vote illegally can face fines, imprisonment, and deportation
In the United States, non-citizens are generally not allowed to vote in federal, state, and most local elections. However, some municipalities have passed laws allowing non-citizens to vote in certain local elections. These include the Maryland municipalities of Takoma Park, Barnesville, and Brentwood, as well as San Francisco and Oakland in California.
Despite these exceptions, it is important to note that illegal voting by non-citizens in federal elections can still result in significant legal consequences. According to federal law, penalties for voting illegally as a non-citizen can include a fine, up to one year in federal prison, or both. Additionally, a non-citizen found guilty of this crime may face deportation and revocation of their legal status under immigration law. Furthermore, falsely claiming US citizenship for the purpose of registering to vote can also result in deportation or denial of future immigration status.
Instances of non-citizen voting are routinely investigated and prosecuted by the appropriate authorities. While there have been confirmed cases of non-citizen voting, there is no evidence to suggest that it has significantly impacted the outcome of any election. From 1999 to 2023, there were 77 instances of non-citizens successfully casting ballots, according to a BPC analysis. A separate study analyzing 23.5 million votes in the 2016 general election found approximately 30 instances of non-citizen voting.
In summary, while some jurisdictions in the US have extended voting rights to non-citizens in certain local elections, illegal voting by non-citizens in federal elections can result in serious consequences, including fines, imprisonment, and deportation.
Federal Civilian Workers: What's in a Name?
You may want to see also
Frequently asked questions
No, non-citizens are barred from voting in federal elections. However, some municipalities allow non-citizens to vote in local elections.
Illegally voting as a non-citizen in a federal election can result in a fine, imprisonment, and deportation.
Some municipalities that allow non-citizens to vote in local elections include San Francisco, Takoma Park, Maryland, 11 towns in Maryland, two in Vermont, and New York City (blocked by a judge as of June 2022).
Voter fraud by non-citizens is rare. Audits and studies have shown that non-citizens are rarely able to register and cast ballots in elections.
