Malcolm Rivera
Non-citizens, including permanent legal residents, are generally not allowed to vote in federal, state, and most local elections in the United States. However, some municipalities have permitted non-citizens to vote in certain local elections, such as for school boards, city councils, or mayors. Opponents of these policies argue that they dilute the voting power of legal citizens, while advocates argue that they provide representation for non-citizens who are affected by local policies. The constitutionality of non-citizen voting is a highly debated topic, with critics pointing to federal laws that criminalize non-citizen voting in federal elections and require voter registration forms to include a citizenship affirmation.
| Characteristics | Values |
|---|---|
| Non-citizens voting in federal elections | Illegal since 1996, punishable by fines, imprisonment, or deportation |
| Non-citizens voting in state elections | Illegal, no state constitutions allow this |
| Non-citizens voting in local elections | Legal in some municipalities, e.g. Takoma Park, Maryland (since 1992), San Francisco, New York (2021-2022), Montpelier, Winooski, Oakland, Washington D.C., Burlington, 11 towns in Maryland, and two in Vermont |
| Non-citizen voting incidence | Rare, with audits and studies showing very few cases of non-citizen voting, and in some cases, none |
| Impact on citizen votes | Opponents argue that non-citizen voting diminishes the voting power of legal citizens |
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What You'll Learn
- Non-citizen voting in federal elections is a crime punishable by fines, imprisonment, or deportation
- Non-citizens are allowed to vote in some local elections, such as for school boards, city councils, or mayors
- Some non-citizens are mistakenly registered to vote when applying for a driver's license
- Voting-rights advocates oppose measures like the SAVE Act, which could prevent citizens without documents from voting
- Critics argue that non-citizen voting diminishes the voting power of legal citizens
Non-citizen voting in federal elections is a crime punishable by fines, imprisonment, or deportation
Non-citizen voting in federal elections has been a crime in the United States for over a century. Since 1996, it has been punishable by fines, imprisonment, or deportation.
Federal law dictates that only U.S. citizens can vote in federal elections. States have multiple checks in place to ensure that only eligible citizens can vote. For example, to register to vote in state and federal elections, one must swear they are a citizen under penalty of criminal prosecution.
Despite this, certain politicians frequently claim that non-citizen voting is happening on a significant scale. They use this to drum up support, undermine trust in the election system, and, if they lose, call for the election to be overturned. However, independent research has demonstrated that non-citizen voting is "exceedingly rare". Audits by several states show that there have been small numbers of non-citizens who registered to vote, often by mistake, with far fewer casting ballots. For example, while a 2022 Georgia investigation found there were 1,634 incidents of non-citizens potentially attempting to register to vote between 1997 and 2022, these individuals were all blocked until they could provide proof of citizenship.
While no state allows non-citizens to vote in federal or statewide elections, at least 16 U.S. jurisdictions permit non-citizens to vote in certain local elections, such as for school board, city council, or mayor. For example, non-citizens are permitted to vote in local elections in Maryland, San Francisco, and New York (although New York's law was overturned in 2022).
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Non-citizens are allowed to vote in some local elections, such as for school boards, city councils, or mayors
In the United States, non-citizens are not permitted to vote in federal and statewide elections. However, a handful of municipalities allow non-citizens to vote in specific local elections, such as for school boards, city councils, or mayors. These exceptions are relatively rare, with small numbers of non-citizens choosing to vote in these elections.
The City of Takoma Park, Maryland, was the first municipality to restore non-citizen voting in local elections in 1992. Takoma Park argued that Maryland's constitution gives municipalities the power to determine suffrage qualifications for municipal elections. They also contended that citizenship was irrelevant when voting for local officials dealing with local responsibilities, such as parks, arts programs, public transportation, and garbage collection.
Since then, other cities have followed suit, including San Francisco, New York (until overturned in 2022), Montpelier, Winooski, Oakland, Washington, D.C., and Burlington. In San Francisco, voters passed Proposition N in 2016, allowing non-citizens who are parents or legal guardians of children in the local 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 2022 but was later upheld by a California Court of Appeal.
Opponents of these policies have filed lawsuits, arguing that non-citizen participation diminishes the voting power of legal citizens. On the other hand, supporters argue that allowing non-citizen voting promotes inclusive and beneficial policies for society as a whole. Additionally, they contend that the naturalization process is challenging and expensive, and prohibiting non-citizen voting encourages discriminatory public policies.
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Some non-citizens are mistakenly registered to vote when applying for a driver's license
In the United States, non-citizens, including permanent legal residents, are generally not permitted to vote in federal, state, and most local elections. However, there are a few exceptions, with at least 16 jurisdictions allowing non-citizens to vote in specific local elections, such as for school boards, city councils, or mayors.
While no state explicitly enables noncitizens to vote in federal or statewide elections, some non-citizens may be mistakenly registered to vote when applying for a driver's license. This is due to the fact that several states have implemented laws that automatically register individuals to vote when they apply for a driver's license. For example, California has introduced a provision that simplifies voter registration by gathering all the necessary information for establishing the right to vote when an individual applies for a driver's license. This data is then forwarded to state election offices, facilitating easy registration.
The Driver's License Access and Privacy Act, also known as the Green Light Law in New York, is another example. This law enables all New Yorkers aged 16 and older to obtain a standard, non-commercial driver's license regardless of their citizenship status. However, it is important to note that this law does not impact an individual's eligibility to register to vote, which is restricted to US citizens.
While automatic voter registration through driver's license applications can streamline the process for eligible citizens, it also underscores the importance of accurate eligibility verification. States employ various methods to verify voter identity and eligibility, including utilizing databases from federal agencies or state motor vehicle departments. Regular audits are conducted to identify and remove ineligible voters, and individuals are required to affirm their citizenship status under penalty of perjury during the registration process.
In conclusion, while some non-citizens may be mistakenly registered to vote when applying for a driver's license due to automatic registration processes, states have implemented measures to identify and rectify these errors. The majority of registered voters are US citizens, and voter fraud by noncitizens has been found to be exceedingly rare.
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Voting-rights advocates oppose measures like the SAVE Act, which could prevent citizens without documents from voting
In the United States, non-citizens, including permanent legal residents, are generally prohibited from voting in federal, state, and most local elections. However, some states and municipalities have enacted laws permitting non-citizens to vote in certain local elections, such as school board, city council, or mayoral elections. These exceptions are relatively rare, and the majority of states require individuals to be U.S. citizens to vote in any election.
The proposed SAVE Act (Safeguard American Voter Eligibility Act) has sparked opposition from voting rights advocates due to its potential impact on citizens' ability to register and vote. The Act aims to prevent non-citizen voting by requiring individuals registering to vote to provide documentary proof of U.S. citizenship. This includes valid forms of identification such as a U.S. passport, a REAL ID-compliant ID, or a government-issued photo ID.
Voting rights advocates argue that the SAVE Act may prevent eligible U.S. citizens from registering to vote by creating unnecessary barriers. A significant number of citizens, especially those from marginalized communities, may face challenges in accessing or providing the required documentation. For example, married women who have changed their names may struggle to provide a birth certificate with their current legal name. Additionally, the ambiguity in the bill regarding acceptable forms of documentation further complicates the registration process.
The SAVE Act also raises concerns about the potential removal of eligible citizens from voter rolls and the imposition of criminal penalties on election workers who help register citizens without the correct documents. Critics warn that the Act could make voting significantly more difficult or even impossible for legally eligible voters, particularly affecting marginalized groups such as people of color, married people with changed names, and young and elderly individuals.
Furthermore, the SAVE Act threatens to disrupt existing registration processes, including mail and online registration systems, which millions of Americans rely on to participate in democratic elections. The Act's requirement for frequent voter purges, or the removal of registered voters based on faulty data, further contributes to the exclusion of eligible voters. Overall, voting rights advocates emphasize the need to make elections more inclusive and accessible, rather than erecting additional barriers that may disenfranchise citizens.
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Critics argue that non-citizen voting diminishes the voting power of legal citizens
Critics of non-citizen voting argue that it diminishes the voting power of legal citizens. This argument has been used in lawsuits filed against municipalities that allow non-citizen voting, such as New York, San Francisco, and Tacoma Park. In the case of New York, a group of Republican voters and officials, along with a Democratic city council member, challenged the law, alleging that allowing over 800,000 non-citizens to vote in municipal elections would dilute the power of legitimate U.S. citizens' votes. The New York State Supreme Court agreed with this argument and overturned the law in 2022.
Proponents of restricting voting rights to citizens only often emphasize the importance of accepting the duties of citizenship before being granted the right to vote. They argue that voting is a privilege that should be reserved for those who have gone through the naturalization process and obtained citizenship. This view is exemplified by the statement, "Voting is a RIGHT of citizenship," which was made by the Oversight Committee in support of a bill to stop non-citizens from voting in Washington, D.C., local elections.
Another concern raised by critics of non-citizen voting is the potential for foreign influence in American elections. This argument was presented by U.S. Senator Ted Cruz, who introduced a bill to prohibit non-citizen voting in Washington, D.C. He claimed that allowing non-citizens to vote creates an opportunity for foreign interference in the electoral process.
While these concerns about voting power dilution and foreign influence have been expressed, it is important to note that audits by state officials and studies from nonpartisan organizations have found voter fraud by non-citizens to be extremely rare. In some cases, non-citizens may be mistakenly registered to vote, but states conduct regular audits to remove ineligible voters, and those without proof of citizenship are blocked from voting.
Despite the legal challenges and concerns raised by critics, some municipalities, such as Takoma Park in Maryland, have successfully restored non-citizen voting rights for local elections. Proponents of non-citizen voting rights 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. Additionally, they contend that allowing non-citizen voting promotes policies that benefit society as a whole and prevents discriminatory public policies.
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Frequently asked questions
No, non-citizens are barred from voting in federal elections in the United States. However, some municipalities allow non-citizens to vote in local elections.
Non-citizens who vote in federal elections in the U.S. may face fines, imprisonment, or deportation.
Voting by non-citizens in federal and state elections is rare. A 2017 study by the Brennan Center for Justice found that out of 23.5 million votes cast in 42 jurisdictions in the 2016 election, there were about 30 cases of potential non-citizen voting.
