A flurry of misinformation has spread across social media, with numerous users, including some elected officials, incorrectly asserting that leading Democrats have initiated a lawsuit to permit noncitizens to participate in U.S. elections. These individuals are further alleging, without basis, that this legal action is indicative of a broader Democratic strategy to manipulate forthcoming electoral contests.
Contrary to these claims, the lawsuit in question—brought forth by entities such as the Democratic National Committee, the Democratic Governors Association, and prominent Democratic leaders in both the Senate and House of Representatives—challenges the constitutionality of a recent executive order. Importantly, this legal challenge is not centered on enabling noncitizen voting.
The claim being circulated asserts that Democrats have sued the Trump administration to facilitate noncitizen voting in U.S. elections. However, this is unequivocally false. The actual aim of the lawsuit is to impede the enforcement of President Donald Trump’s executive order, which seeks a comprehensive overhaul of U.S. election processes, on the basis that this order oversteps presidential authority concerning electoral regulation. Additionally, it posits that the executive order could infringe upon the voting rights of legal citizens. It is vital to note that it is already a federal offense for noncitizens to cast votes in federal elections.
Michael Morley, an expert in election law from Florida State University, clarified that the lawsuit targets issues related to the separation of powers, rather than noncitizen voting. “Federal law prohibits noncitizens from voting in federal elections, and regardless of the outcomes related to the executive order or the lawsuit, this prohibition will remain intact,” Morley explained.
The executive order, dated March 25 and titled “Preserving and Protecting the Integrity of American Elections”, mandates documentary proof of citizenship for voter registration in federal elections. It also calls for collaboration between state and federal agencies to assess voter eligibility and address election-related offenses.
Some individuals on social media have misconstrued the suit’s opposition to this executive order. For example, Senator Mike Lee of Utah, a Republican, posted on social media questioning why top Democrats would sue to permit noncitizen voting in American elections, suggesting ulterior motives. Yet, the lawsuit does not advocate for noncitizen voting to occur.
The lawsuit argues that the executive order represents an “unlawful exercise of authority” due to the absence of presidential jurisdiction over elections, and because it does not originate from Congressional action or the Constitution. It further contends that the order contradicts currently established “laws and guarantees” as determined by legitimate legal bodies. The suit also expresses concern that elements of the order could potentially result in the disenfranchisement of legal voters.
Responding to Lee’s characterization, Billy Gribbin, a spokesperson for the Senator, claimed that the Democratic Party’s actions suggest a desire for noncitizen interference in U.S. elections, with the lawsuit serving as a method toward that goal. Gribbin also stated that Lee “opposes Democratic initiatives, like this, which he believes undermine the integrity of America’s elections.”
Despite ongoing falsehoods spread by Trump since his 2020 electoral defeat, which include claims that his executive order will prevent illegal noncitizen voting, studies and state-level investigations have repeatedly shown that noncitizen voting in federal elections—already classified as a felony—is extremely rare. It should be noted, however, that noncitizen voting is permitted in some local elections.
A 2023 report by the Brennan Center for Justice and affiliated organizations estimated that approximately 9% of U.S. citizens of voting age, equating to about 21.3 million individuals, lack direct access to proof of citizenship.
In a joint statement from the plaintiffs of the lawsuit, the order was described as “an unconstitutional grab for power by Donald Trump”, potentially enabling the nullification of legitimate votes and the ignorance of unwanted electoral outcomes.
Another legal challenge against the executive order has been filed by the Campaign Legal Center and the State Democracy Defenders Fund, shortly before the Democratic National Committee’s suit, both contending the order’s unconstitutionality. These lawsuits are currently filed in the U.S. District Court for the District of Columbia.