Jonah Patel
The topic of noncitizen voting in the United States has been a subject of debate, with some municipalities allowing noncitizens to vote in local elections. While the U.S. Constitution does not explicitly prohibit noncitizens from voting, it sets rules regarding voting qualifications, leaving it to state legislatures to determine the voting qualifications of the electorate. In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act, criminalizing noncitizen voting in federal elections. This act was passed to prevent voter fraud and protect the integrity of elections. Opponents of noncitizen voting argue that their participation diminishes the voting power of legal citizens. However, advocates for the right of noncitizens to vote maintain that anyone who works and pays taxes in the U.S. should have this privilege, as denying them the right to vote amounts to taxation without representation. The discussion surrounding noncitizen voting highlights the complex nature of voting rights and the ongoing efforts to balance representation and electoral integrity.
| Characteristics | Values |
|---|---|
| Voting rights | The U.S. Constitution does not explicitly forbid noncitizens from voting, but the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) criminalized noncitizen voting in federal elections. |
| Voting qualifications | The U.S. Constitution sets two rules: state legislatures determine voting qualifications, and state legislatures cannot restrict suffrage based on religion, ethnicity, sex, poll taxes, and age. |
| Voting by noncitizens | Some municipalities allow noncitizens to vote in local elections, but no state constitutions allow noncitizens to vote in state elections. |
| Voting by illegal immigrants | Illegal immigrants cannot vote in federal elections, but there is no explicit prohibition on voting in state or local elections. |
| Voting by criminals | The 14th Amendment states that U.S. citizens over 21 must be allowed to vote unless they have committed a crime. |
| Voting rights of naturalized citizens | Naturalized U.S. citizens can vote once they become American citizens. |
| Voting rights of U.S. citizens abroad | American citizens living abroad are not allowed to participate in foreign elections. |
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What You'll Learn
- The US Constitution does not prohibit noncitizens from voting, but states can
- Congress passed a law in 1996 barring noncitizens from voting in federal elections
- Noncitizen voting is allowed in some local elections
- The 14th Amendment bars men who have committed crimes from voting
- Voting laws are in place to prevent voter fraud
The US Constitution does not prohibit noncitizens from voting, but states can
The US Constitution does not explicitly prohibit noncitizens from voting in the country's elections. However, individual US states have the power to set their voting laws, and many have chosen to restrict voting rights to citizens only.
Historically, noncitizen voting was a common incentive among US territories and new states to attract workers and families to populate the lands. Between 1776 and 1924, noncitizens were permitted to vote in federal, state, and local elections in 33 states. However, in the late 19th and early 20th centuries, states began changing their constitutions to prevent noncitizen voting. By 1924, Missouri became the last state to ban noncitizen voting in federal elections. In 1931, political scientist Leon Aylsworth noted that a national election was held in 1928 in which no noncitizen in any state had the right to vote for any office, be it national, state, or local.
In 1996, the US Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA). Section 611 of IIRAIRA criminalized noncitizen voting in federal elections, making it punishable by fines and imprisonment. However, the law did not explicitly prohibit noncitizens from voting in state or local elections, leaving the decision to individual states.
As of May 2025, no state constitutions explicitly allowed noncitizens to vote in state or local elections. Fifteen states explicitly prohibited noncitizen voting in state and local elections, while the District of Columbia and municipalities in three states (California, Maryland, and Vermont) allowed noncitizens to vote in some or all local elections. Opponents of noncitizen voting have filed lawsuits at both the state and federal levels, arguing that their participation diminishes the voting power of legal citizens. These lawsuits have had mixed results, with some courts overturning noncitizen voting laws and others upholding them.
While the US Constitution does not explicitly address noncitizen voting, the power to set voting laws rests with the individual states, and many have chosen to restrict voting rights to citizens only.
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Congress passed a law in 1996 barring noncitizens from voting in federal elections
The United States has a long history of barring non-citizens from voting. By 1931, noncitizen voting had become so rare that political scientist Leon Aylsworth noted that a national election was held in 1928 where no non-citizen could cast a vote.
In 1996, the U.S. Congress passed a law prohibiting noncitizens from voting in federal elections, including elections for the U.S. president, vice president, presidential electors, members of the U.S. Senate and House of Representatives, and other federal offices. This law, called the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), criminalized noncitizen voting in federal elections and established criminal penalties for violations. Noncitizens who violate the law face up to five years in federal prison for registering to vote, and illegal voting can trigger immigration consequences, including deportation and inadmissibility to the U.S.
Despite federal and state prohibitions, some municipalities have allowed noncitizens to vote in local elections, such as school board, city council, or mayoral elections. For example, San Francisco allowed non-citizen parents of children residing in the city to vote in Board of Education elections starting in 2018, but this law was struck down by a judge in 2022 as a violation of the state constitution. Other cities that have allowed noncitizen voting in local elections include New York, Montpelier, Winooski, Oakland, Washington, D.C., and Burlington. Opponents of these policies have filed lawsuits at both the state and federal levels, arguing that noncitizen participation diminishes the voting power of legal citizens.
While no state allows noncitizens to vote in federal or statewide elections, at least 16 U.S. jurisdictions permit noncitizens to vote in certain local elections. However, relatively small numbers of noncitizens choose to vote in these elections. Federal law also states that it is unlawful for a noncitizen to vote in federal elections, and establishes the punishment of a fine, one year in prison, or both for violation of the law.
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Noncitizen voting is allowed in some local elections
Noncitizen voting in federal elections is prohibited in the United States, and there are criminal penalties for those who break this law. In 1996, the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) was passed, which criminalized noncitizen voting in federal elections. However, this law did not explicitly prohibit noncitizens from voting in local elections.
Despite federal and state prohibitions, some municipalities have allowed noncitizens to vote in certain local elections. For example, in 1992, Takoma Park, Maryland, became the first municipality to restore noncitizen voting rights in local elections. San Francisco followed suit in 2016, passing Proposition N, which gave noncitizens the right to vote in school board elections. While a San Francisco Superior Court judge initially struck down this law in 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. Other cities that have allowed noncitizen voting in local elections include New York, Montpelier, Winooski, Oakland, Washington, D.C., and Burlington.
Opponents of these policies have filed lawsuits at both the state and federal levels, arguing that noncitizen participation diminishes the voting power of legal citizens. However, audits by election officials and studies have consistently shown that voter fraud by noncitizens is extremely rare. In fact, many cases of noncitizens registering to vote are often due to mistakes, and these individuals are blocked from voting until they can provide proof of citizenship.
While there is no evidence of significant noncitizen voting in U.S. elections, some Republican officials have introduced measures that would mandate additional ID requirements for all voters, citing conspiracy theories about noncitizen voters influencing election outcomes.
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The 14th Amendment bars men who have committed crimes from voting
The Fourteenth Amendment of the US Constitution has been interpreted in different ways when it comes to voting rights for people with criminal convictions. Section 2 of the amendment states that voting rights can be denied for "participation in rebellion or other crime".
The United States Supreme Court, in Richardson v. Ramirez (1977), upheld felony disenfranchisement in California, interpreting the Fourteenth Amendment as explicitly authorising the denial of citizens' voting rights due to criminal conviction. This set a precedent for interpreting the Fourteenth Amendment as permitting states to deny the vote to those with criminal convictions.
However, critics argue that this interpretation serves as a tool for voter suppression, particularly impacting Black Americans and other people of colour, who are disproportionately affected by felony disenfranchisement laws. Florida, for example, has one of the nation's strictest disenfranchisement schemes, although a ballot initiative in 2024 could end permanent felony disenfranchisement by automatically restoring voting rights after release from incarceration, except for individuals convicted of murder or sex offences.
The Fourteenth Amendment also addresses voting rights in relation to residency requirements. While states may require residency as a qualification to vote, durational residence laws are deemed unconstitutional unless the state can demonstrate a compelling governmental interest, such as preventing voter fraud.
Additionally, the Fourteenth Amendment has been central to discussions about noncitizen voting rights. While the amendment focuses on "male inhabitants" and "citizens", the broad powers of states to determine suffrage conditions have been used to restrict noncitizen voting. By the early 20th century, many states had amended their constitutions to prevent noncitizen voting. In 1996, the US Congress passed a law, the Illegal Immigration Reform and Immigrant Responsibility Act, criminalising noncitizen voting in federal elections.
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Voting laws are in place to prevent voter fraud
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) criminalized noncitizen voting in federal elections, specifically prohibiting voting for the President, Vice President, Presidential elector, and Members of Congress. This legislation closed a loophole that previously allowed noncitizens to vote in some federal elections. However, it left the decision of permitting noncitizen voting in state and local elections to individual states and municipalities.
Some states, such as New York, San Francisco, and Washington, D.C., have allowed noncitizens to vote in local elections. These decisions have been met with legal challenges and mixed results. Opponents argue that noncitizen voting diminishes the voting power of legal citizens and raises concerns about voter fraud.
To address these concerns, voting laws require individuals to meet specific qualifications, such as citizenship, age, and residency requirements, to register and vote. These laws aim to prevent ineligible individuals, including noncitizens and criminals, from voting illegally. For example, the Florida Department of State identified hundreds of noncitizens registered to vote, leading to fines, deportation, and even prison time for violators.
Voting laws also establish procedures for voter registration, identification, and verification to ensure that only eligible voters cast ballots. These measures help prevent voter fraud by confirming the identity and eligibility of voters. While the right to vote is fundamental to democracy, it is essential to maintain the integrity of the electoral process by enforcing voting laws that prevent fraud and ensure that elections accurately reflect the will of eligible voters.
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Frequently asked questions
The U.S. Constitution does not forbid non-citizens from voting. However, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act in 1996, which prohibits non-citizens from voting in federal elections.
The punishment for non-citizens who violate voting laws can range from fines to deportation, and in some cases, prison time.
Some municipalities, including Takoma Park, San Francisco, New York, Montpelier, Winooski, Oakland, Washington D.C., and Burlington, have allowed non-citizens to vote in local elections.
Advocates for the right of non-citizens to vote argue that anyone who works and pays taxes in the U.S. should have this privilege, as it is a case of "taxation without representation."
Yes, naturalized U.S. citizens, or people who have established residency and applied for permanent citizenship, can gain the right to vote once they become American citizens.
