Permanent Residents: Voting Rights And Legal Status

In the United States, voting is generally restricted to US citizens, and non-citizens, including lawful permanent residents, are not permitted to vote in federal, state, and most local elections. However, there are some exceptions to this rule, with a small number of municipalities allowing non-citizen voting in certain local elections, such as for school boards, city councils, or mayors. As of March 2025, the District of Columbia and certain municipalities in California, Maryland, and Vermont allowed non-citizens to vote in some or all local elections. To become a US citizen and gain voting rights, lawful permanent residents typically need to spend five years in that status (or three years if married to a US citizen) before becoming eligible for naturalization.

Lawful permanent residents can vote in some local elections

Lawful permanent residents, or green card holders, are generally restricted from voting in the United States. To vote in all elections, including federal and state elections, an individual must be a US citizen. However, there are some exceptions where non-citizens are permitted to vote in certain local elections.

In the United States, voting rights are determined at the state and local level. While no state allows non-citizens to vote in federal or statewide elections, at least 16 jurisdictions permit non-citizens to vote in specific local elections. These include municipalities such as San Francisco, New York City, Takoma Park, Burlington, Montpelier, and Oakland. In these places, non-citizens may be allowed to vote in elections for the school board, city council, or mayor. For example, in San Francisco, non-citizen parents of children residing in the city are permitted to vote in the San Francisco Board of Education elections. Similarly, in Oakland, non-citizen residents who are parents, legal guardians, or legally recognized caregivers of a child can vote for the Oakland School Board Director.

It is important to note that the eligibility requirements for voting as a lawful permanent resident vary across different jurisdictions. While some municipalities allow green card holders to vote in local elections, others may require individuals to be US citizens. Therefore, it is essential for lawful permanent residents to understand the specific voting laws and requirements of their state or locality before registering to vote or casting a ballot.

Voting when not eligible to do so can have serious consequences for lawful permanent residents. Registering to vote or voting unlawfully can result in immigration consequences, including deportation. Therefore, it is crucial for lawful permanent residents to understand their rights and responsibilities regarding voting and to carefully review all forms and procedures when applying for a driver's license or state ID to avoid accidental registration.

Non-citizen parents in San Francisco can vote in Board of Education elections

In the United States, lawful permanent residents, or green card holders, are generally restricted from voting in elections. This is because voting rights are typically reserved for US citizens. However, there are some exceptions to this rule, as certain municipalities, like San Francisco, allow non-citizens to vote in local elections, such as Board of Education elections.

In San Francisco, non-citizen parents of children residing in the city are permitted to vote in the San Francisco Board of Education elections, also known as the School Board elections. This right was first granted in 2018 when San Francisco voters passed Proposition N, allowing qualifying non-citizen parents or guardians with at least one minor child living in the city to vote in these elections. Proposition N was later made permanent by the Board of Supervisors in 2021.

To register to vote in the San Francisco Board of Education elections as a non-citizen, parents must fill out a Non-Citizen Voter Registration Form, which is different from the regular voter registration form. It is important to note that registration for non-citizen voters expires after each local Board of Education election, and personal information provided during the registration process may be obtained by Immigration and Customs Enforcement (ICE) and other agencies.

While the right for non-citizen parents to vote in the San Francisco Board of Education elections has faced legal challenges, with a San Francisco Superior Court judge ruling it unconstitutional in 2022, this decision was later overturned by a California Court of Appeal in 2023. The Court of Appeal upheld San Francisco's non-citizen voting program, permitting non-citizen parents to continue having a say in their children's education through their participation in local school board elections.

Non-citizen voting is rare, despite claims of millions of non-citizen voters

In the United States, lawful permanent residents, or green card holders, are generally restricted from voting in elections. While some municipalities allow non-citizens to vote in local elections, most states require voters to be US citizens.

Data indicates that voting by non-citizens is rare, despite claims by Republicans of millions of non-citizen voters. In August 2024, Ohio Secretary of State Frank LaRose, a Republican, referred 138 apparent non-citizens who had voted in a recent election and 459 more who had registered but not voted for potential prosecution. These figures were a small fraction of Ohio's more than 8 million registered voters. Similarly, in Texas, out of almost 18 million registered voters, more than 6,500 potential non-citizens have been removed from voter rolls since 2021, including 1,930 with a voting history. In Alabama, with its more than 3 million registered voters, 3,251 people were identified as non-citizens and switched to inactive status on the state's voter registration rolls. Georgia, which registered millions of voters between 1997 and 2022, had 1,634 potential non-citizens try to register to vote during that period, but none were registered as election officials flagged them. A BPC analysis of The Heritage Foundation's Election Fraud Cases database found only 77 instances of non-citizens voting between 1999 and 2023. A 2016 study by the Brennan Center for Justice analysing 23.5 million votes across 42 jurisdictions also concluded that there were approximately 30 instances of non-citizen voting.

Despite the rarity of non-citizen voting, Republicans have prioritised measures to prevent it. In Congress, House Speaker Mike Johnson has sought to require states to obtain proof of citizenship for voter registration. President Trump signed an executive order with similar requirements, which voting rights advocates worry could block millions of eligible Americans from voting.

To vote in all elections, lawful permanent residents must become citizens

Voting is a fundamental part of the democratic process in the United States, allowing citizens to have a say in how their country, state, and city are run. While voting is a right that many people value, not everyone is eligible to vote in the United States. Lawful permanent residents, or green card holders, are restricted in their voting rights.

In the United States, voting takes place at the local, state, and federal levels. To vote in federal and state elections, one must be a US citizen. As such, lawful permanent residents are generally not eligible to vote in these elections. However, there are some exceptions. For example, in San Francisco, non-citizen parents of children residing in the city are permitted to vote in Board of Education elections. Similarly, in 2022, Oakland approved a charter amendment that would allow non-citizen parents, legal guardians, or caregivers of children to vote for the Oakland School Board Director. In addition to San Francisco and Oakland, at least 14 other US jurisdictions permit non-citizens to vote in certain local elections. These include Takoma Park, Burlington, and Montpelier.

Despite these exceptions, lawful permanent residents who wish to vote in all elections, including federal and state elections, must become US citizens. To become a US citizen, lawful permanent residents must typically spend five years in that status (or three years if married to a US citizen) before becoming eligible for naturalization. Once eligible, they can file Form N-400, also known as the Application for Naturalization, and pay the associated fees.

It is important to note that registering to vote or voting unlawfully can have serious consequences for lawful permanent residents. False claims of US citizenship, even if accidental, can result in immigration consequences, including deportation. Therefore, lawful permanent residents should be cautious when applying for a driver's license or state ID, as they may be inadvertently registered to vote. To avoid this, they should explicitly state that they do not want to be registered to vote and carefully review all forms before signing.

Registering to vote or voting unlawfully can result in deportation

In the United States, non-citizens, including lawful permanent residents, generally cannot vote in federal, state, and most local elections. However, there are some municipalities that allow non-citizen voting in local elections, such as nine municipalities in Maryland and one in California.

If a lawful permanent resident votes when they are not eligible to do so, they will be considered inadmissible and are liable for deportation. This also applies to the mere act of registering to vote when ineligible, which is considered a serious crime in the US. Non-citizens who vote illegally can face up to one year in federal prison and a fine, in addition to potential deportation and revocation of their legal status. Therefore, it is important for lawful permanent residents to understand their voting rights and restrictions before attempting to register or vote in any election.

To vote in all elections in the United States, including federal, state, and local elections, an individual must be a US citizen. Lawful permanent residents who wish to obtain citizenship and gain full voting rights can begin the process by filing Form N-400 and paying the associated fees.

It is important to note that voting laws and eligibility requirements may vary by state, so it is recommended to check the specific laws and guidelines in your state or municipality to understand your voting rights and restrictions fully.

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