Only U.S. citizens are allowed to participate in the upcoming election for president and other key positions, a rule that has been well-established. Lately, there has been a focus on the potential for noncitizens to register or vote, spurred by concerns raised by Republicans over an increase in immigration at the U.S.-Mexico border.
GOP officials in several states have taken actions to address the perceived issue of noncitizens voting, despite instances of such occurrences being rare. Measures such as reviews of voter rolls, executive orders, and constitutional amendments aim to prevent noncitizen voting, with some Democrats arguing that these efforts could create obstacles for legitimate voters and exaggerate the problem of noncitizen voting.
According to a 1996 U.S. law, it is illegal for noncitizens to vote in elections for president or members of Congress. Penalties for violating this law include fines, imprisonment for up to a year, and possible deportation. When individuals register to vote, they must swear under penalty of perjury that they are U.S. citizens. States are mandated by federal law to regularly update their voter rolls, removing any ineligible individuals, which could include immigrants residing unlawfully in the country.
While many states’ constitutions explicitly forbid noncitizens from voting, some places like certain municipalities in California, Maryland, Vermont, and the District of Columbia allow noncitizen participation in local elections, such as for school boards and city councils. Despite concerns raised by some Republicans, instances of noncitizens actually voting are uncommon but have been highlighted by voter registration reviews.
Various state officials, mostly Republicans, have reported findings related to potential noncitizens on voter rolls in states like Texas, Ohio, Alabama, and Georgia. The reviews indicated that current mechanisms to identify noncitizen voters are effective. Court battles surrounding voting laws have been ongoing, with Arizona as a prime example, where attempts by Republicans to prohibit noncitizen voting have faced legal challenges.
Republican-led legislation in multiple states has proposed constitutional amendments for the November ballots reinforcing that only citizens have the right to vote. Further efforts by Republican officials in states like Louisiana, Georgia, Texas, Wisconsin, and North Carolina are aimed at addressing concerns about noncitizen voting through executive orders, enhanced voter registration procedures, and legal action.
In Congress, Republicans have put forward the Safeguard American Voter Eligibility Act, requiring proof of citizenship to register to vote. Despite passing in the House, the bill has not been considered in the Senate. The Biden administration has opposed the legislation, emphasizing that existing laws against noncitizen voting are effective and that the proposed bill could complicate voter registration for eligible Americans.
