Malcolm Rivera
The right of non-citizens to vote in the United States is a highly contested topic. While federal law does not expressly prohibit non-citizens from voting in state and local elections, only a few states allow non-citizens to vote in any election. The Constitution does not prohibit anyone from voting but instead 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 denying the right to vote based on skin colour, and the 19th Amendment prohibits denying the right to vote based on sex. In 1996, the Illegal Immigration Reform and Immigrant Responsibility Act was passed, barring non-citizens from voting in federal elections.
| Characteristics | Values |
|---|---|
| Non-citizens voting in federal elections | Barred for at least a century; a crime punishable with fines and imprisonment since 1996 |
| Non-citizen voting in state elections | Not permitted; no state constitutions allow this |
| Non-citizen voting in local elections | At least 16 US jurisdictions permit this, including Maryland, San Francisco, New York, Montpelier, Winooski, Oakland, Washington, D.C., Burlington, and North Dakota |
| Voter fraud by non-citizens | Audits and studies show this is "exceedingly rare" |
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What You'll Learn
- The Constitution does not prohibit anyone from voting
- Congress passed a law barring noncitizens from voting for specific federal offices
- States began changing their constitutions to prevent noncitizen voting in the early 20th century
- Some municipalities allow noncitizens to vote in local elections
- Advocates for the right of noncitizens to vote say that anyone who works and pays taxes in the US should be allowed to vote
The Constitution does not prohibit anyone from voting
In 1926, all states passed laws barring non-citizens from voting in federal elections. However, some states and municipalities have allowed non-citizens to vote in specific local elections, such as in San Francisco, Chicago, and Maryland. These jurisdictions enable non-citizens to vote in public school or city council elections.
While federal law does not explicitly prohibit non-citizens from voting in state and local elections, very few states allow it. The Illegal Immigration Reform and Immigrant Responsibility Act, passed in 1996, criminalized non-citizen voting in federal elections. This law does not apply to state or local elections, which are governed by state constitutions and local ordinances.
Advocates for the right of non-citizens to vote argue that anyone who works and pays taxes in the US should have the right to vote, as the alternative is "taxation without representation." However, critics fear voter fraud and ineligible residents obtaining the right to vote.
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Congress passed a law barring noncitizens from voting for specific federal offices
The U.S. Constitution does not explicitly prohibit noncitizens from voting. Instead, it outlines who cannot be denied the right to vote. The 14th Amendment states that male U.S. citizens over the age of 21 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 gender.
In the early 20th century, states began amending their constitutions to prevent noncitizen voting. By 1926, all states had passed laws barring noncitizens from voting. However, some municipalities have allowed noncitizens to vote in local elections, such as San Francisco, Oakland, New York, and Washington, D.C. These policies have faced legal challenges, with opponents arguing that they diminish the voting power of legal citizens.
In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), which criminalized noncitizen voting in federal elections. This Act made it a crime punishable by fines and imprisonment. However, it did not prohibit noncitizens from voting in state or local elections, leaving that decision to individual states and municipalities.
While the Constitution does not explicitly address noncitizen voting, Congress has passed laws barring noncitizens from voting for specific federal offices. This reflects the evolution of voting rights in the United States, where the right to vote has been expanded and protected over time.
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States began changing their constitutions to prevent noncitizen voting in the early 20th century
The right to vote in the United States has historically been restricted to a narrow subset of society, namely white male landowners. Over time, this has evolved to include a broader range of people. The 14th Amendment to the Constitution, for instance, states that men who are US citizens and over the age of 21 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 it based on sex.
However, in the early 20th century, states began changing their constitutions to prevent noncitizen voting. Alabama (1901), Colorado (1902), Wisconsin (1908), Oregon (1914), Kansas (1918), Nebraska (1918), South Dakota (1918), Indiana (1921), Texas (1921), Mississippi (1924), Missouri (1924), and Arkansas (1926) all banned noncitizen voting within three decades. By 1928, noncitizen voting had become so rare that a national election was held in which no noncitizen in any state had the right to vote for any candidate or office.
Despite these restrictions, the United States has continued to grapple with the issue of noncitizen voting. In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), which prohibited illegal immigrants from voting in specific federal elections. Additionally, as of May 2025, no state constitutions explicitly allowed noncitizens to vote in state or local elections, and fifteen states explicitly prohibited it. However, the District of Columbia and municipalities in three states (California, Maryland, and Vermont) allowed noncitizens to vote in local elections.
The debate around noncitizen voting is complex and ongoing, with opponents arguing that their participation diminishes the voting power of legal citizens. At the same time, proponents point to the lack of evidence of significant noncitizen voting and the importance of expanding voting rights. Ultimately, the right to vote in the United States has been a continuous work in progress, with voting rights becoming a bipartisan priority to ensure that all eligible citizens can participate in the democratic process.
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Some municipalities allow noncitizens to vote in local elections
The 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 the age of 21 must be allowed to vote unless they have committed a crime. Over time, amendments were added to prevent the denial of the right to vote based on skin colour and sex.
In the early 20th century, states began changing their constitutions to prevent noncitizen voting. By 1926, all states had passed laws barring noncitizens from voting, and in 1996, Congress passed a law prohibiting illegal immigrants from voting for any significant public office.
However, some municipalities have allowed noncitizens to vote in local elections. Takoma Park, Maryland, became the first municipality to restore noncitizen voting rights in local elections in 1992. They argued that Maryland's constitution expressly delegates municipalities the power to determine suffrage qualifications for municipal elections in their city charters. Since then, other cities like San Francisco, New York, Montpelier, Winooski, Oakland, Washington, D.C., Burlington, and Somerset have followed suit.
The pushback against these policies has resulted in litigation at both the state and federal levels, with opponents arguing that noncitizen participation diminishes the voting power of legal citizens. House Republicans have also attempted to pass bills or amendments to prohibit noncitizens from voting in Washington, D.C., elections, citing concerns about noncitizen voters influencing federal elections.
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Advocates for the right of noncitizens to vote say that anyone who works and pays taxes in the US should be allowed to vote
The right of noncitizens to vote in the United States has been a subject of debate for years. While federal law does not expressly prohibit noncitizens from voting in state and local elections, only a few states allow noncitizens to vote in any election. The U.S. Constitution does not prohibit anyone from voting; instead, it outlines who cannot be denied the right to vote. The 14th Amendment grants U.S. citizens over the age of 21 the right to vote, unless they have committed a crime.
Advocates for the right of noncitizens to vote argue that anyone who works and pays taxes in the U.S. should be allowed to vote. They believe that denying such residents the right to vote is "taxation without representation," a principle that the United States' founding fathers opposed. They also argue that the naturalization process is difficult and that prohibiting noncitizen voting encourages discriminatory public policy. Additionally, they claim that allowing noncitizens to vote does not discourage them from seeking citizenship and could even encourage them to do so.
Some states and municipalities have made efforts to allow noncitizens to vote in local elections. For example, San Francisco passed Proposition N in 2016, giving noncitizens the right to vote in school board elections. Other cities that have allowed noncitizens to vote in local elections include New York, Montpelier, Winooski, Oakland, Washington, D.C., and Burlington. However, opponents of these policies have filed lawsuits, arguing that noncitizen voting diminishes the voting power of legal citizens and creates the potential for foreign influence in American elections.
In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act, prohibiting noncitizens from voting in federal elections. This law does not apply to state and local elections. As a result, the laws regarding noncitizen voting vary across states. While some states explicitly allow citizens but not noncitizens to vote, other states' constitutions do not explicitly prohibit noncitizens from voting, leaving room for interpretation.
The debate surrounding noncitizen voting rights is complex and ongoing, with valid arguments on both sides. While some argue that allowing noncitizens to vote is consistent with American democratic values, others raise concerns about voter fraud and the potential impact on citizenship incentives. Ultimately, the decision to grant noncitizens the right to vote lies with state and local governments, with the majority of states currently restricting voting rights to citizens.
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Frequently asked questions
Non-citizens are barred from voting in federal elections and, in almost all cases, state and local elections. However, some municipalities, including San Francisco, Takoma Park, and New York, have allowed non-citizens to vote in local elections.
The US Constitution does not forbid non-citizens from voting. It empowers state legislatures to determine the voting qualifications of the electorate. However, non-citizen voting in federal elections has been a crime punishable by fines and imprisonment since 1996.
No, non-citizen voting is extremely rare. Audits and studies have shown that voter fraud by non-citizens is uncommon, and that only a small number of non-citizens have registered to vote, often by mistake.
