Gavin Howe
Voting is the process of formally expressing your stance on a political issue. In the US, voting occurs at the local, state, and federal levels, usually in the form of an election or referendum. To vote in all US elections, you must be a US citizen. However, there are some exceptions where non-citizens are allowed to vote in local elections. Lawful permanent residents, or green card holders, are generally restricted in their voting rights. Registering to vote as a non-citizen can have serious immigration consequences, including deportation.
| Characteristics | Values |
|---|---|
| Can lawful permanent residents vote in federal elections? | No |
| Can lawful permanent residents vote in state elections? | No |
| Can lawful permanent residents vote in local elections? | Yes, in some municipalities |
| Can registering to vote impact lawful permanent resident status? | Yes, it could lead to removal proceedings |
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What You'll Learn
Voting in federal elections
Voting is a fundamental part of the political process in the United States, with elections held at the local, state, and federal levels. While it is a right that many citizens take for granted, the rules around who can and cannot vote are complex, especially for non-citizens and lawful permanent residents.
So, can lawful permanent residents vote in federal elections? The short answer is no. Federal law prohibits non-citizens from voting in federal elections, and violating this law can result in fines, imprisonment, or deportation. To become eligible to vote in federal elections, individuals must first become U.S. citizens, which typically requires several years of permanent residence and can be a complex process.
However, it is important to note that there are some exceptions to this rule. In certain municipalities, such as San Francisco, New York City, and a few other cities, non-citizens, including lawful permanent residents, are permitted to vote in local elections, such as school board or city council elections. These exceptions are relatively rare, and most states have passed bans on non-citizen voting in any election.
It is also important for lawful permanent residents to understand the risks associated with registering to vote or attempting to vote in federal or state elections. Even if done unintentionally, registering to vote or voting unlawfully can have serious consequences, including affecting one's ability to naturalize and become a U.S. citizen. 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 by DMV staff.
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Voting in state elections
Voting is a way to formally express your stance on a political issue. In the US, voting occurs at the local, state, and federal levels, usually in the form of an election or referendum. To vote in all elections, you must be a US citizen. However, lawful permanent residents, or green card holders, can vote in some situations.
Sixteen US jurisdictions permit non-citizens to vote in certain local elections, such as for the school board, city council, or mayor. These include the District of Columbia and certain municipalities in California, Maryland, and Vermont. For example, in 2016, voters in San Francisco passed Proposition N, allowing non-citizen parents of children residing in the city to vote in San Francisco Board of Education elections. In 2021, the New York City Council approved a similar measure, making New York City the largest city in the nation at the time to authorize voting by non-citizens.
Some other municipalities that allow non-citizen voting include Garrett Park, Glen Echo, and Greenbelt. In these places, non-citizens can register to vote in town elections if they meet specific requirements.
State and local elections occur throughout the year, and the candidates elected make decisions on topics such as the budget for public transit and schools in your community. These decisions can significantly impact your daily life.
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Voting in local elections
In the United States, voting is typically restricted to citizens, and non-citizens are prohibited from voting in federal or statewide elections. However, there are some exceptions where non-citizens, including lawful permanent residents, are allowed to vote in certain local elections. These exceptions vary by municipality and state. For instance, 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 San Francisco, non-citizen parents or legal guardians of children residing in the city are permitted to vote in the San Francisco Board of Education elections. This was made possible by Proposition N, a charter amendment passed by voters in 2016 with 54% support. Similarly, in Oakland, California, a charter amendment approved in 2022 allows non-citizen residents who are parents, legal guardians, or legally recognized caregivers of children to vote for the Oakland School Board Director.
In Maryland, the towns of Barnesville and Brentwood also permit non-citizen voting in local elections. The town charter of Barnesville defines qualified voters as those who have resided in the town for six months before any town election and are at least 18 years old. Meanwhile, Brentwood's town charter allows non-citizens to vote if they are lawful residents as defined by US Citizenship and Immigration Services.
New York City is another example of a municipality that has extended voting rights to lawful permanent residents and other non-citizens authorized to work in the United States for municipal elections. This change was approved by the New York City Council in December 2021, making New York City the largest city in the nation at that time to authorize voting by non-citizens.
It is important to note that voting when ineligible, including registering to vote or voting without citizenship status, is considered a serious crime in the US and can result in legal consequences such as fines, imprisonment, or deportation. Therefore, lawful permanent residents interested in voting in local elections should carefully review the specific rules and requirements of their municipality to ensure they are eligible to do so.
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Registering to vote
If you are a US citizen, you can register to vote. Most states offer online registration, or you can register by mail using the National Mail Voter Registration Form. This form is available in multiple languages and can be used in every state except New Hampshire, North Dakota, Wisconsin, and Wyoming. You can also register in person at your state or local election office, or at your state motor vehicles office. It is important to note that registering before you turn 18 does not affect your eligibility, as long as you are 18 by Election Day.
If you are a lawful permanent resident, registering to vote or voting could put you at risk of losing your residency status. This is because non-citizens, including permanent legal residents, are generally restricted from voting in federal, state, and most local elections. While some municipalities allow non-citizens to vote in local elections, it is crucial to understand the specific laws and requirements of your state or municipality before registering or voting.
To avoid accidental registration, permanent residents should be careful when applying for a driver's license or state ID, as some DMV centres may routinely register people to vote. Make sure you understand all the forms you are signing, and explicitly state that you do not want to be registered to vote. Additionally, be cautious not to accidentally claim US citizenship on any forms, as this can carry serious immigration consequences.
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Consequences of voting unlawfully
In the United States, non-citizens, including permanent legal residents, cannot vote in federal, state, and most local elections. However, there are some exceptions to this rule, with certain municipalities allowing non-citizens to vote in local elections. For example, in 2023, a California Court of Appeal upheld San Francisco's non-citizen voting program, which permits non-citizen parents of children residing in the city to vote in Board of Education elections. Similarly, in 2022, the New York City Council approved legislation extending the right to vote in municipal elections to lawful permanent residents and other non-citizens authorized to work in the country.
Despite these exceptions, it is important to note that voting unlawfully can have significant consequences. While the specific penalties may vary depending on the jurisdiction and the nature of the offense, here are some potential consequences for voting unlawfully:
- Ineligibility for Admission or Deportation: According to US immigration law, voting when not eligible can result in deportation or being forbidden from entering or remaining in the US. This consequence applies specifically to permanent residents or green card holders who vote in elections they are not authorized to participate in.
- Criminal Penalties: In some states, voting unlawfully may be considered a criminal offense, leading to potential fines, imprisonment, or both. The penalties can vary depending on the specific state laws and the circumstances of the offense.
- Voter Fraud Investigations: Voting unlawfully can trigger voter fraud investigations, particularly if there are suspicions of intentional or fraudulent behavior. The Attorney General is responsible for enforcing laws that restrict non-citizens from registering to vote or voting and can coordinate with state attorneys general to assist in prosecuting aliens who vote unlawfully.
- Loss of Voting Rights: Engaging in voter fraud, including voting unlawfully, can result in the loss of voting rights. This can include being barred from voting in future elections or having your voter registration revoked.
- Civil Penalties: In addition to criminal penalties, there may be civil penalties for voting unlawfully. This could include fines or other administrative consequences.
- Impact on Citizenship Application: For those who are in the process of applying for US citizenship, voting unlawfully can have adverse consequences on their application. It may raise questions about their eligibility and could potentially impact their chances of obtaining citizenship.
It is important to remember that the consequences of voting unlawfully are serious and can have long-lasting impacts. It is always advisable to verify your eligibility to vote and understand the specific laws and regulations in your state or municipality before casting your vote.
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Frequently asked questions
No, only U.S. citizens are allowed to vote in federal elections. Registering to vote before acquiring citizenship can affect your citizenship and even put you at risk of losing your green card and being removed from the United States.
Lawful permanent residents are restricted in the type of elections they can vote in. While most states don't allow non-citizens to vote in state elections, some municipalities allow non-citizens to vote in local elections.
Voting when not eligible to do so will result in being considered inadmissible, which means being forbidden from remaining in or entering the US, and is liable for deportation.
Lawful permanent residents need to acquire U.S. citizenship through the naturalization process to become eligible to vote in all elections.
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