Anaya Nolan
In the United States, there are laws in place to ensure that only citizens can vote in federal elections. However, some states and municipalities have passed laws allowing non-citizens to vote in local elections. While the majority of states require voters to be citizens, there are a few that do not have clear impediments to non-citizen voting. In these states, non-citizens may be allowed to vote if they are lawful residents and meet other requirements such as duration of residency. To ensure the integrity of the voting process, election officials in every state employ rigorous checks and balances to verify the eligibility of voters, including their citizenship status.
| Characteristics | Values |
|---|---|
| Country | United States |
| Voting rights | Only citizens can vote in federal elections |
| Some states allow non-citizens to vote in local elections | |
| Some states require proof of citizenship to register to vote | |
| Some states require ID to vote in person | |
| Some states require notarization or witnesses to sign the ballot envelope | |
| Non-citizens cannot vote in federal, state, and most local elections | |
| People convicted of a felony or serving time for other types of crimes may not be able to vote | |
| People with mental disabilities may not be able to vote | |
| U.S. citizens residing in U.S. territories cannot vote for president in the general election | |
| Each state sets its own voter ID rules | |
| No one is required by law to vote in any local, state, or presidential election |
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What You'll Learn
Non-citizen voting laws vary by state
In Maryland, municipalities like Barnesville, Brentwood, and Garrett Park allow non-citizens to vote in local elections. For instance, the Barnesville town charter defines qualified voters as those who have resided in the town for six months before any town election and are eighteen years of age or older. The Brentwood town charter also welcomes non-citizen voters who are lawful residents as defined by US Citizenship and Immigration Services. Additionally, the Garrett Park town charter encourages flexible registration for voters, including non-citizen residents, up to and including election day.
While no state permits non-citizens to vote in federal or statewide elections, at least 16 US jurisdictions allow non-citizens to vote in specific local elections, such as for school boards, city councils, or mayors. However, relatively few non-citizens choose to vote in these elections. Audits and studies have shown that voter fraud by non-citizens is extremely rare, and states regularly conduct audits to remove ineligible voters from their databases.
Since 2018, voters have decided on 14 ballot measures related to adding citizenship requirements for voting, and all 14 measures were approved. This indicates a trend toward restricting voting rights to citizens only, with two of the states previously identified as allowing non-citizen voting passing constitutional amendments to that effect.
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Local election laws for non-citizens
In the United States, federal law prohibits non-citizens from voting in federal elections. However, some areas allow non-citizens to vote in local elections. As of May 2025, certain municipalities in California, Maryland, and Vermont allowed non-citizens to vote in some or all local elections. For example, the town charters of Barnesville and Brentwood in Maryland define qualified voters as those who have resided in the town for at least six months before any town election and are at least eighteen years of age, regardless of citizenship status.
Similarly, the Garrett Park town charter encourages the registration of voters, including residents who are not citizens of the United States, up to and including election day. Glen Echo's town charter also allows non-citizens who are residents of the town and lawful residents of the United States to register to vote in town elections. 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 Office of Oakland School Board Director. In 2016, San Francisco passed a similar charter amendment called Proposition N with 54% support.
In Vermont, Burlington approved a charter amendment in March 2023, extending the right to vote to its non-citizen residents. In June 2021, Montpelier also approved a charter amendment authorizing legal residents to vote in city elections. Additionally, Takoma Park, Maryland, became the first municipality in the country to restore non-citizen voting in local elections in 1992.
While these local laws allow non-citizens to vote in certain elections, it is important to note that non-citizen voting in U.S. elections is rare. Audits and studies have shown that voter fraud by non-citizens is extremely rare, and in many cases, non-citizens who registered to vote did so mistakenly. Furthermore, states have safeguards in place to verify voter eligibility and conduct audits to remove ineligible voters from their databases.
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Federal laws and voting rights
The US Constitution and federal laws govern voting rights, with the former giving states the responsibility to oversee federal elections. Over time, several constitutional amendments have been made to extend and protect voting rights for different groups of citizens. The 15th Amendment (1870) prohibited denying citizens the right to vote based on their race, colour, or previous condition of servitude. The 19th Amendment (1920) gave women the right to vote, and the 24th Amendment (1964) eliminated poll taxes, which had been used to disenfranchise African Americans. The 26th Amendment (1971) lowered the minimum voting age to 18 for all elections, prohibiting states from setting a higher minimum age.
Federal laws have also been enacted to protect voting rights. The Civil Rights Acts, including the Civil Rights Act of 1964, addressed discrimination in voter registration and prohibited voter discrimination based on race, colour, or membership in a language minority group. The Voting Rights Act of 1965 required certain jurisdictions with a history of voter discrimination to obtain federal approval before changing voting laws. The Voting Accessibility for the Elderly and Handicapped Act of 1984 mandated that polling places be accessible to people with disabilities and provide necessary aids.
Additionally, the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) of 1986 and the Military and Overseas Voting Empowerment (MOVE) Act of 2009 improved ballot access for military personnel and overseas citizens. The National Voter Registration Act (NVRA) of 1993 introduced new registration methods and emphasised the maintenance of accurate voter lists. The Help America Vote Act (HAVA) of 2002 authorised federal funding for elections and established the US Election Assistance Commission to assist states in improving voter education and ballot standards.
While federal laws provide a framework, it's important to note that each state has its own voter ID rules and requirements, and most states require voters to present identification when voting in person. These state-specific laws can include varying rules for prisoner voting rights and the restoration of voting rights for citizens with felony records.
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Checks and balances for non-citizen voting
In the United States, federal law ensures that only citizens can vote in federal elections. While some areas allow non-citizens to vote in local elections, there are strict laws in place to ensure that only eligible citizens can register and vote in federal elections. Each state has its own checks and balances to ensure that only citizens can vote.
Voter Registration
The first step in ensuring that only eligible citizens can vote is the voter registration process. Each state has its own voter ID rules, and most require voters to present identification when registering and when voting in person. During the registration process, election officials verify the identity and citizenship status of each potential voter. This may include requiring documents such as a driver's license, passport, military ID, proof of residency, or other identifying information such as a Social Security number or date of birth.
Voter List Maintenance
Election officials regularly maintain and update voter registration lists to ensure that only eligible citizens remain on the list. They may use data from various sources, including jury summons responses, DMV records, and residency documentation, to identify and remove non-citizens from the voter rolls. However, this process must be carefully conducted, especially close to an election, to avoid wrongfully removing eligible citizens from the lists.
In-Person Voting
When voting in person, voters must check in at their polling place to ensure they are on the voter registration list. Election officials may verify their identity through various means, such as presenting an accepted form of ID, providing proof of residency, or attesting to their identity under penalty of perjury.
Mail Voting
For mail-in ballots, election officials verify the identity of voters when they cast their ballots and when they apply for them. The specific requirements vary by state, but additional measures may include requiring a notary or witness signature on the ballot envelope or including a copy of the voter's ID.
Ballot Counting and Canvassing
After ballots are cast, impartial election workers and teams from both political parties work together to ensure that ballots were cast by eligible citizens and are counted accurately according to the voters' intentions. This process includes rigorous checks and balances to maintain the integrity of the election results.
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Strict laws for non-citizen voting
In the United States, there are strict laws in place to ensure that only citizens can vote in federal elections. These laws include criminal punishment, financial penalties, and even possible deportation. While some states allow non-citizens to vote in local elections, it is important to note that non-citizens, including permanent legal residents, cannot vote in federal, state, and most local elections.
Some states have specific requirements for non-citizen voting in local elections. For example, in Barnesville, qualified voters are defined as those who have resided in the town for six months before any town election and are at least eighteen years old. In Brentwood, non-citizens must be lawful residents as defined by US Citizen and Immigration Services to be eligible to vote. Similarly, in Garrett Park, non-citizens can register to vote up to and including election day.
However, it is important to note that the eligibility of non-citizens to vote in local elections varies by state. Some states have passed constitutional amendments clarifying that only citizens may vote in elections within their state. Additionally, there have been instances of policies unfairly targeting naturalized citizens, resulting in their wrongful removal from voter rolls. This issue has been observed in states like Texas, Alabama, Arizona, Florida, and more, where voter purge procedures have prevented qualified citizens from exercising their right to vote.
To address this, federal law protects registered voters by restricting states' ability to conduct systematic voter list maintenance within 90 days of a federal election. This ensures that eligible voters are not wrongfully denied their right to participate in elections. Overall, while non-citizen voting is permitted in some local elections, strict laws govern citizen voting in federal elections, and protections are in place to safeguard the voting rights of citizens.
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Frequently asked questions
Yes, in the United States, there are state and federal laws that ensure only citizens can vote in federal and statewide elections.
There are strict laws in place that ensure only citizens can register and vote in federal elections. These include criminal punishment, financial penalties, and possible deportation for non-citizens.
Citizenship is verified during the voter registration process. Election officials also regularly check voter registration lists and use data from various sources to ensure voters are eligible.
Voters must provide identification and proof of residency when voting in person. Accepted forms of ID include a driver's license, passport, military ID, tribal ID, or student ID. Proof of residency can include a utility bill, bank statement, or paycheck.
In the United States, non-citizens, including permanent legal residents, cannot vote in federal, state, and most local elections. However, some municipalities allow non-citizens to vote in local elections if there are no explicit state constitutional or legislative impediments.
