Anaya Nolan
The topic of whether illegal immigrants can vote is a highly debated issue, with some arguing that it is a non-existent problem and others introducing measures to mandate additional ID requirements. In the United States, it is illegal for non-citizens to vote in federal or state elections, and non-citizens can face criminal penalties, including prison time and deportation, for registering to vote or casting a ballot. However, some municipalities, such as San Francisco, Oakland, and Washington, DC, have allowed non-citizens to vote in certain local elections, provided they maintain processes to ensure compliance with federal and state laws. The right to vote for non-citizens has been a point of discussion and controversy in recent years, with claims of voter fraud and the implementation of laws and proposals to address these concerns.
| Characteristics | Values |
|---|---|
| Federal law on non-citizen voting | Illegal Immigration Reform and Immigrant Responsibility Act of 1996 prohibits non-citizens from voting in federal elections |
| Punishment for non-citizen voting | Prison time, deportation, denial of future immigration status |
| Non-citizen voting in state elections | Illegal |
| Non-citizen voting in local elections | Legal in some municipalities |
| Examples of municipalities allowing non-citizen voting in local elections | San Francisco, Oakland, New York, Montpelier, Winooski, Washington D.C., Burlington, Takoma Park, Chevy Chase, Hyattsville, Mount Rainier, Riverdale Park, Barnesville, Garrett Park, Martin's Additions, Glen Echo, Somerset |
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What You'll Learn
- Noncitizen voting in federal elections is a crime punishable by fines and imprisonment
- Some US cities allow noncitizens to vote in certain local elections
- Voting processes vary across the US, with no standardised method for verifying voter citizenship
- Noncitizen voting is rare, with only 77 instances recorded between 1999 and 2023
- Immigrants must receive legal permanent residence and wait several years before becoming eligible to naturalize and vote
Noncitizen voting in federal elections is a crime punishable by fines and imprisonment
Noncitizen voting in federal elections is prohibited by law in the United States. While noncitizen voting in local elections is permitted in some municipalities, noncitizens are not allowed to vote in federal elections in any state. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 explicitly prohibits this, and criminal penalties were added in 1996.
The National Voter Registration Act of 1993 requires states to use a standard voter registration form, which includes an attestation that the applicant is a U.S. citizen, under penalty of perjury. This form warns that false statements can result in fines, imprisonment, or deportation. Noncitizens who register to vote risk losing their ability to become U.S. citizens in the future.
Illegally voting in a federal election can result in a fine and up to one year in federal prison. A noncitizen found guilty of this crime may also face deportation and revocation of their legal status under immigration law. Additionally, falsely claiming U.S. citizenship for the purpose of registering to vote may lead to similar consequences, including deportation and denial of future immigration status.
The risk of identification and punishment generally acts as a deterrent for noncitizens considering voting in federal elections. While there have been allegations of widespread voter fraud by noncitizens, audits and studies suggest that such instances are extremely rare. From 1999 to 2023, there were only 77 documented cases of noncitizen voting, according to a BPC analysis.
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Some US cities allow noncitizens to vote in certain local elections
In the United States, noncitizens are prohibited from voting in federal elections by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. This law also prohibits noncitizens from voting in state elections. However, this federal law does not extend to local elections, and some US cities have passed laws allowing noncitizens to vote in certain local elections.
For example, in 2016, San Francisco passed Proposition N, which allowed non-citizen parents of children residing in the city to vote in San Francisco Board of Education elections. This law was initially struck down by a state judge in 2022 but was later upheld by a California Court of Appeal in 2023. Similarly, in 2022, voters in Oakland, California, approved a charter amendment that would allow noncitizen parents, legal guardians, and caregivers of children to vote in school board elections. As of March 2025, the law had not yet been implemented.
In addition to California, some municipalities in Maryland and Vermont also permit noncitizens to vote in local elections. For instance, the Vermont cities of Burlington and Montpelier have approved charter amendments granting noncitizen residents the right to vote in city elections. In Maryland, the cities of Barnesville and Brentwood allow noncitizens to vote in municipal elections, maintaining separate ballots for these elections to ensure that noncitizens cannot receive a ballot for state or federal contests.
The District of Columbia has also passed legislation allowing noncitizens to vote in local elections. This law, the D.C. Noncitizen Vote Act, was enacted in October 2022 and permits noncitizens to vote in all non-federal elections. While these local laws allow noncitizens to have a say in certain elections, it is important to note that becoming a US citizen and gaining the right to vote in federal and state elections is a lengthy process that typically involves obtaining legal permanent residence and waiting several years before becoming eligible to naturalize.
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Voting processes vary across the US, with no standardised method for verifying voter citizenship
Voting laws and processes in the United States vary across states, with no standardised method for verifying voter citizenship. While federal law prohibits non-citizens from voting in federal elections, some states allow non-citizens to vote in local elections.
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) criminalised non-citizen voting in federal elections, with penalties including fines, up to a year in prison, deportation, and revocation of legal status. Despite this, there have been claims of widespread non-citizen voting, notably by Elon Musk, who alleged a conspiracy theory involving the Democratic Party. However, experts and election officials have refuted these claims, stating that non-citizen voting is rare and that the consequences of illegal voting are a strong deterrent.
In some states, such as California, non-citizens are permitted to vote in certain local elections, such as school board elections in San Francisco and two other unnamed school districts. Similarly, Maryland and Washington, D.C. have passed laws allowing non-citizen residents to vote in local elections, with separate ballots maintained for municipal elections to ensure compliance with federal and state laws.
The process of verifying voter citizenship varies across the United States, with no standardised method. While some states may require Social Security numbers, others may rely on data such as names, addresses, birth dates, or driver's license numbers. This lack of standardisation can lead to discrepancies in voter rolls and difficulties in accurately verifying voter citizenship.
The right to vote is a highly contentious issue, with varying opinions and interpretations of the law. While some advocate for stricter ID requirements and verification processes, others argue that additional barriers to voting disproportionately affect certain groups and that existing laws already provide sufficient safeguards against unauthorised voting.
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Noncitizen voting is rare, with only 77 instances recorded between 1999 and 2023
Noncitizen voting is illegal in the United States, and there are severe consequences for those who break federal election law. Noncitizen voting is rare, with only 77 instances recorded between 1999 and 2023. This number was determined by a Bipartisan Policy Center (BPC) analysis of The Heritage Foundation's Election Fraud Cases database. The BPC analysis also found 30 instances of noncitizen voting in the 2016 general election, out of 23.5 million votes cast across 42 jurisdictions.
Instances of noncitizen voting are extremely rare, and there is no evidence that noncitizen voting has ever significantly impacted an election's outcome. Despite this, some Republican officials have introduced measures to mandate additional ID requirements or verification of eligibility for voters. Federal laws prohibit foreign nationals from registering to vote or voting in federal elections, and the National Voter Registration Act of 1993 requires states to use a common voter registration form that includes an attestation of U.S. citizenship under penalty of perjury.
In recent years, there has been heightened scrutiny of the integrity of election processes, particularly regarding noncitizen participation. While some communities allow noncitizens to vote in certain local elections, strict processes are maintained to ensure that registered noncitizen voters cannot receive ballots for state or federal races. For example, Maryland uses separate ballots for municipal elections.
Some states have conducted investigations into noncitizen voting, and the results have consistently shown that actual incidents of noncitizen voting are rare. For instance, a Michigan Department of State review identified 15 credible cases of noncitizens casting ballots in the 2024 General Election, representing 0.00028% of the total votes cast. Of these 15 cases, 13 were referred for potential criminal charges, one case involved a deceased individual, and one case is still under investigation.
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Immigrants must receive legal permanent residence and wait several years before becoming eligible to naturalize and vote
In the United States, it is illegal for non-citizens to vote in federal or state elections. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 explicitly prohibits non-citizens from voting in federal elections, and all states have banned non-citizens from voting in federal elections since 1924. Federal law does not prohibit non-citizens from casting a ballot in state or local elections, but no state currently allows non-citizens to vote in statewide elections. However, some municipalities in three states and Washington, DC, have allowed non-citizens to vote in certain local elections.
To become eligible to vote in the United States, immigrants must first receive legal permanent residence, also known as getting a green card. They must then typically spend five years as a legal permanent resident before becoming eligible to naturalize and vote. This period is reduced to three years if the immigrant is married to a US citizen. During this time, they must demonstrate continuous residence in the United States and be physically present in the country for at least 30 months out of the five years before applying for naturalization. They must also show that they have lived for at least three months in a state or USCIS district with jurisdiction over their place of residence.
To apply for naturalization, immigrants must be at least 18 years old and submit Form N-400, Application for Naturalization. They must also demonstrate that they have been lawfully admitted as permanent residents and have maintained good moral character for at least five years before applying. If an immigrant's Form N-400 is not adjudicated before the 24-month extension of the PRC's validity expires, they may request a stamp from USCIS to demonstrate their LPR status. An applicant is ineligible for naturalization if their LPR status was obtained in error or if they abandoned their LPR status.
The process of verifying voter citizenship varies across the United States. While some states and municipalities have implemented measures to ensure that non-citizens cannot vote in federal or state elections, others have proposed additional ID requirements or verification of eligibility for all voters. The National Voter Registration Act of 1993 requires states to use a common voter registration form, which includes an attestation under penalty of perjury regarding the applicant's citizenship status.
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Frequently asked questions
No, it is illegal for non-citizens to vote in federal elections in the US. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 explicitly prohibits non-citizens from voting in federal elections.
No, it is illegal for non-citizens to vote in state elections in the US. While federal law does not prohibit non-citizens from casting a ballot in state or local elections, no state currently allows non-citizens to vote in statewide elections.
While it is generally illegal for non-citizens to vote in local elections in the US, there are some exceptions. Three states and Washington, DC, have municipalities that allow non-citizens to vote in certain local elections. For example, some cities in Maryland and Vermont permit non-citizens to vote in municipal elections, and San Francisco allows resident non-citizen parents and guardians to vote in school board elections.
The consequences of illegal voting by non-citizens in the US can be severe. Non-citizens could face prison time and deportation, as well as denial of future immigration status, including naturalization.
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