Anaya Nolan
California's Motor Voter Law, also known as the New Motor Voter Act, has sparked controversy and fears that undocumented residents may be able to vote in local, state, and federal elections. The law provides for the automatic voter registration of motorists who obtain or renew their driver's licenses, and critics argue that it lacks sufficient safeguards to prevent non-citizens from being registered to vote. However, California officials have asserted that the motor voter registration process is secure and that individuals must still meet all voter eligibility requirements, including citizenship. While there have been instances of non-citizens being erroneously registered to vote, there is no evidence of widespread illegal voting, and federal law establishes penalties for non-citizen voting in federal elections.
| Characteristics | Values |
|---|---|
| Law | Motor Voter Act/New Motor Voter Act |
| Year | 2015 |
| Applicability | California |
| Registration | Automatic voter registration of motorists who obtain or renew driver's licenses |
| Voter Eligibility | U.S. citizen, resident of California, 18 years or older, not serving a prison term for felony conviction, not found mentally incompetent to vote by a court |
| Opt-Out Option | Yes |
| Non-Citizen Voting | Not allowed in federal elections; allowed in some local elections, such as city council or school board races |
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What You'll Learn
California's Motor Voter Act
The Act has sparked controversy, with critics arguing that it could allow non-citizens to unlawfully vote in elections. This is because California also allows undocumented immigrants to obtain driver's licenses, leading to fears that undocumented residents could become registered to vote. However, California officials have asserted that the motor voter registration process includes safeguards to prevent this from happening. Applicants under the Motor Voter Act must attest that they meet all voter registration requirements, including citizenship, and the DMV gives eligible voters the opportunity to opt out of voter registration.
Despite these assurances, there have been instances where non-citizens have been erroneously registered to vote through California's motor voter program. In 2019, the California Secretary of State's office announced that approximately 1,500 people, including non-citizens, had been mistakenly registered due to DMV errors, and six of those individuals had voted in the 2018 elections.
It is important to note that federal law prohibits non-citizens from voting in federal elections and establishes penalties for violation of the law. California has not implemented any law authorizing non-citizens to vote in federal elections. However, as of 2025, certain municipalities in California, including San Francisco and Oakland, have allowed non-citizens to vote in some local elections, such as school board elections.
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Non-citizen voting in San Francisco
In 2015, California passed the New Motor Voter Act, which automatically registers citizens to vote when they obtain a driver's license. This, in combination with a law allowing undocumented residents to obtain driver's licenses, sparked fears that undocumented residents could unlawfully vote in local, state, and federal elections. However, California has not implemented a law authorizing non-citizens to vote in federal elections, and applicants under the Motor Voter Act must attest that they meet all voter registration requirements, including citizenship.
In San Francisco, non-citizen voting rights are limited to local Board of Education (School Board) elections. Current local law allows certain non-citizens who are residents of San Francisco and parents, legal guardians, or caregivers of children living in the city to register and vote in School Board elections. Non-citizen registrants may cancel their voter registration at any time, and their registration expires after each local School Board election. The Department of Elections provides multilingual and multiformat registration forms, official ballots, Voter Information Booklets, and outreach materials specific to non-citizen voters. It is important to note that non-citizens who register to vote in San Francisco School Board elections may have their information obtained by Immigration and Customs Enforcement (ICE) and other agencies. They are also advised to consult with an immigration attorney or immigrant rights organization before providing any personal information.
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Voter eligibility requirements
California's Motor Voter Act, passed in October 2015, has sparked fears that undocumented immigrants are allowed to vote in the state. This is due to the law's automatic voter registration of motorists who obtain or renew their driver's licenses, and the fact that California allows undocumented immigrants to obtain driver's licenses. However, California has not implemented a law authorizing non-citizens to vote in federal elections.
To be eligible to vote in California, an individual must meet the following requirements:
- Be a U.S. citizen
- Be a resident of California
- Be 18 years old or older on Election Day
- Not be serving a state or federal prison term for a felony conviction
- Not be found mentally incompetent to vote by a court
Individuals aged 16-17 who meet all other voter eligibility requirements will be pre-registered to vote and automatically registered to vote on their 18th birthday, unless they choose to opt out. Eligible voters can also choose to opt out of automatic registration when obtaining or renewing their driver's license.
California offers permanent vote-by-mail status for any registered voter, and people who are unhoused can still register and vote. If an individual is a service member or an eligible family member, they can file a single form for both voter registration and ballot request, known as the "Federal Post Card Application" or FPCA form.
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Automatic voter registration
In California, the Motor Voter Act, passed in October 2015, allows for the automatic registration of eligible voters when they obtain or renew a driver's license. This has sparked fears that undocumented residents may become registered to vote. However, California has not implemented a law authorizing non-citizens to vote in federal elections.
To be eligible to vote in California, an individual must be a U.S. citizen and a resident of California, 18 years old or older on Election Day, not currently serving a state or federal prison term for the conviction of a felony, and not currently found mentally incompetent to vote by a court. When obtaining or renewing a driver's license, individuals are asked if they meet these voter eligibility requirements. If they indicate that they are eligible and do not opt out of voter registration, their information is sent to the Secretary of State for processing.
The California Motor Voter program makes it more convenient for eligible applicants to register to vote when completing driver's license, identification card, or change of address transactions. Individuals who are 16 to 17 years old and meet the other voter eligibility requirements can pre-register to vote and will be automatically registered on their 18th birthday. They can also choose their political party and voter preferences, such as voting by mail or their preferred language for election materials.
Advocates of automatic voter registration argue that it will help increase voter turnout and ensure that more Black and Latino Californians have a say in elections. However, critics argue that it should still be voluntary and that it may make it more difficult for voters to change their political party or voting preferences. There are also concerns about privacy and First Amendment rights.
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Voter fraud
In California, the Motor Voter Act, passed in October 2015, automatically registers citizens to vote when they obtain or renew their driver's licenses. The state also allows undocumented immigrants to obtain driver's licenses, which has sparked fears that undocumented residents may become registered to vote. However, it is important to note that California has not implemented a law authorizing non-citizens to vote in federal elections.
To be eligible to vote in California, individuals must be U.S. citizens and residents of the state, be 18 years or older on election day, not be serving a state or federal prison term for felony conviction, and not be found mentally incompetent to vote by a court. While registering to vote, individuals must declare that they meet all voter eligibility requirements, including citizenship, under penalty of perjury.
Despite these requirements, there have been concerns about voter fraud in California. In 2018, the California Secretary of State's office reported that approximately 1,500 people, including non-citizens, were erroneously registered to vote through the state's Motor Voter Program. Six of these individuals voted in the 2018 elections due to DMV errors. However, it is important to note that these individuals were not licensees under the AB-60 program, which allows immigrants in the country illegally to obtain a license.
While California has not authorized non-citizen voting in federal elections, some municipalities within the state have allowed non-citizens to vote in certain local elections. For example, in 2016, voters in San Francisco approved Proposition N, which gave non-citizens the right to vote in school board elections if they were parents, legal guardians, or caregivers of children under the age of 19. Similarly, in 2022, Oakland voters approved a charter amendment to allow non-citizen residents who are parents, legal guardians, or caregivers of children to vote in the Office of Oakland School Board Director elections.
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Frequently asked questions
No, California has not implemented a law authorizing non-citizens to vote in federal elections. However, in 2016, San Francisco passed Proposition N, which allows non-citizen parents, legal guardians, or caregivers of a child to vote in school board elections.
The Motor Voter Law, also known as the New Motor Voter Act, is a law that was passed in California in October 2015. The law requires the automatic voter registration of motorists who obtain or renew driver's licenses.
No, the Motor Voter Law requires applicants to attest that they meet all voter registration requirements, including citizenship. However, there have been instances of non-citizens being erroneously registered to vote through the Motor Voter Law.
Yes, individuals can choose to opt out of automatic voter registration when obtaining or renewing a driver's license.
