Keith Mack
There are varying voter ID laws in the United States, with 36 states having specific ID requirements. Despite claims by prominent figures such as Donald Trump and Elon Musk, audits and studies show that voter fraud by non-citizens is extremely rare and there is no evidence that unauthorized immigrants are voting in significant numbers. While federal law prohibits non-citizens from voting in federal elections, some states allow non-citizens to vote in certain local elections.
| Characteristics | Values |
|---|---|
| Federal law | Prohibits noncitizens from voting in federal elections |
| Federal law | Does not prohibit noncitizens from voting in state or local elections |
| State law | No state allows noncitizens to vote in statewide elections |
| State law | Three states and Washington, DC, have municipalities that allow noncitizens to vote in certain local elections |
| San Francisco | Allows resident noncitizen parents and guardians to vote in school board elections |
| Oakland | Attempting to enact a law to allow noncitizens to vote in school board elections |
| Maryland and Vermont | Some cities permit noncitizens to vote in municipal elections |
| New York City | Enacted a law in 2021 allowing noncitizens to vote in local elections, but it was ruled unconstitutional by a state judge in 2022 |
| North Dakota | Does not require voter registration |
| Voter ID laws | Vary by state; 36 states have specific voter ID requirements |
| Voter fraud by noncitizens | Extremely rare |
| Illegal voting punishment | Fine, up to one year in federal prison, and possible deportation |
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What You'll Learn
- Federal law prohibits non-citizens from voting in federal elections
- Non-citizens voting in US elections is rare and has never impacted results
- Some states allow non-citizens to vote in certain local elections
- Non-citizens voting illegally can face fines, imprisonment, and deportation
- Voter ID laws vary by state, with 36 having specific requirements
Federal law prohibits non-citizens from voting in federal elections
Despite these prohibitions, some municipalities have allowed noncitizens to vote in local elections. For example, in 2016, voters in San Francisco passed Proposition N, which allowed non-citizen parents of children residing in the city to vote in school board elections. This law was struck down in 2022 by a San Francisco Superior Court Judge, who stated that it violated the state Constitution. Other cities that have allowed noncitizens to vote in local elections include New York, Montpelier, Winooski, Oakland, Burlington, and Washington, D.C. However, opponents of these policies have filed lawsuits at both the state and federal levels, arguing that the participation of noncitizens diminishes the voting power of legal citizens.
It is important to note that voter fraud by noncitizens is extremely rare. Audits by election officials and numerous studies reflect that noncitizen voting is not significant, and a BPC analysis of election fraud cases found only 77 instances of noncitizens voting between 1999 and 2023. Despite this, some Republican elected officials have introduced measures that would mandate additional ID requirements for all voters or verification of eligibility.
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Non-citizens voting in US elections is rare and has never impacted results
Non-citizen voting in US elections is extremely rare and has never impacted the results. Voter ID laws vary across states, with 36 states having specific ID requirements. However, federal law prohibits non-citizens from voting in federal elections, and all states are mandated to use a common registration form that requires confirmation of US citizenship. This acts as a significant deterrent for illegal immigrants, as providing false information carries severe penalties, including fines, imprisonment, and deportation.
While some states do not require proof of citizenship, they still cross-reference voter registrations with state and federal databases to identify and remove non-citizens. Audits by election officials and independent research have shown that voter fraud by non-citizens is minimal. A BPC analysis of the Heritage Foundation's Election Fraud Cases database found only 77 instances of non-citizen voting between 1999 and 2023.
Furthermore, the path to US citizenship for immigrants is lengthy and complex, making it highly unlikely for illegal immigrants to quickly become voters. The process typically involves obtaining legal permanent residence, also known as a green card, and waiting several years before becoming eligible for naturalization. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 further emphasizes these restrictions and establishes criminal penalties for non-citizen voting.
Despite the rarity of non-citizen voting, some Republican officials continue to introduce measures for additional ID requirements, citing concerns over voter fraud. However, these claims often lack substantial evidence and may contribute to doubts about election integrity. It is important to recognize that non-citizen voting in US elections is not prevalent and does not influence election outcomes.
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Some states allow non-citizens to vote in certain local elections
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. In 1992, the City of Takoma Park, Maryland, became the first municipality in the country to restore non-citizen voting in local elections. The town charter of Takoma Park states that Maryland's constitution gives municipalities the power to determine suffrage qualifications for municipal elections in their city charters.
Voters in San Francisco passed a charter amendment called Proposition N in 2016, giving non-citizens the right to vote in the city's school board elections. Proposition N was initially struck down by a San Francisco Superior Court Judge in July 2022, but a California Court of Appeal overturned this ruling a few months later, and the law remains in place as of August 2023.
The town charter of Brentwood, Maryland, states that every person is a qualified voter who "is a citizen of the United States or, if not a citizen, is a lawful resident as defined by US Citizen and Immigration Services to reside in the United States." In 2022, voters in Oakland, California, approved a charter amendment to allow non-citizen residents who are parents, legal guardians, or legally recognized caregivers of a child to vote for the Oakland School Board Director. As of March 2025, the law had not been implemented.
While non-citizens are allowed to vote in some local elections, federal law states that it is unlawful for a non-citizen to vote in federal elections, and criminal penalties have been in place since 1996. Non-citizens face potential prison time and fines for registering to vote, and illegal voting can trigger immigration consequences, including deportation. Audits by election officials and independent research have found that voter fraud by non-citizens is extremely rare.
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Non-citizens voting illegally can face fines, imprisonment, and deportation
Voting laws in the United States require individuals to be US citizens, with some areas allowing non-citizens to vote in local elections only. Federal law states that it is unlawful for a non-citizen to vote in federal elections and establishes the punishment of a fine, one year in prison, or both for violation of the law. Non-citizens who violate the law are also inadmissible (ineligible to receive visas and ineligible to be admitted to the US) and deportable.
Despite the rarity of non-citizen voting, it is a criminal offence. Non-citizens face up to five years in federal prison for registering to vote, and illegal voting can trigger immigration consequences, including deportation.
Instances of non-citizen voting are extremely rare, with audits and studies reflecting that voter fraud by non-citizens is uncommon. A Brennan Center for Justice study of the 2016 election found that out of 23.5 million votes cast in 42 jurisdictions surveyed, there were approximately 30 instances of non-citizens casting votes. Similarly, a Heritage Foundation database of election fraud cases identified just 23 instances of non-citizen voting between 2003 and 2022.
While some non-citizens may mistakenly be registered to vote when applying for a driver's license, states regularly conduct audits of their databases to remove ineligible voters.
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Voter ID laws vary by state, with 36 having specific requirements
Voter ID laws vary significantly across the United States, with 36 states having specific requirements as of 2021. While some states enforce strict photo ID laws, others allow non-photo IDs or alternative methods of validation.
In 2004, Arizona was one of the first states to implement strict photo ID requirements, with voters mandated to present state-issued photo identification at the polls. Following in Arizona's footsteps, Indiana also enacted a stringent photo ID law, which was initially struck down by lower courts before being upheld by the U.S. Supreme Court.
As of 2024, nine states, including Arkansas, Georgia, Indiana, Kansas, Mississippi, North Carolina, Ohio, Tennessee, and Wisconsin, have strict photo ID requirements. On the other hand, 12 states, including Alabama, Florida, Idaho, Louisiana, Michigan, and Texas, adopt a more relaxed approach, requesting but not mandating photo IDs.
Some states, like Arizona, North Dakota, and Wyoming, require non-photo IDs, while others, such as Alaska, Colorado, and Delaware, only request non-photo identification. Notably, 15 states do not require any form of identification at the polls on Election Day, though some of these states may ask for identification from first-time voters.
The diversity of voter ID laws reflects the varying approaches taken by different states in ensuring the integrity of the electoral process while accommodating the needs of their voters. While some states prioritize strict ID requirements, others opt for more flexible methods of validation, underscoring the dynamic landscape of voting regulations across the nation.
Regarding the question of illegal immigrant voting, it is important to note that federal law prohibits noncitizens from voting in federal elections, and violations can result in fines, imprisonment, or deportation. While there have been claims of widespread noncitizen voting, audits and studies suggest that voter fraud by unauthorized immigrants is extremely rare.
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Frequently asked questions
No, illegal immigrants cannot vote in places without voter ID laws. Voter ID laws vary across states, but federal law prohibits non-citizens from voting in US presidential elections. Non-citizens voting in elections is extremely rare and there are strict penalties for those who do, including fines, imprisonment, and deportation.
Non-citizens who vote in federal elections can face a fine, up to one year in federal prison, and possible deportation.
Voter ID requirements vary by state. Some common forms of identification accepted include a driver's license, state ID, passport, birth certificate, or Social Security card.
Yes, while non-citizens cannot vote in federal elections, some states and municipalities allow non-citizens to vote in certain local elections. For example, San Francisco, Oakland, some cities in Maryland and Vermont, and three other states permit non-citizens to vote in specific local elections.
Voter fraud by non-citizens is extremely rare and there is no evidence that it has ever significantly impacted an election's outcome. Audits by election officials and independent research support this, with a BPC analysis finding only 77 instances of non-citizen voting between 1999 and 2023.
