Only U.S. citizens are eligible to vote in the upcoming fall election for president and other top offices. While the issue of noncitizens potentially registering or voting has gained attention, cases of noncitizens actually voting are rare.
Republicans have expressed concerns about noncitizen voting, particularly in light of increased immigration at the U.S.-Mexico border. To address this, GOP officials in various states have initiated voter roll reviews, issued executive orders, and proposed constitutional amendments to prevent noncitizen voting. However, some Democrats argue that these measures could create obstacles for legal voters and may exaggerate the extent of noncitizen voting.
Under a 1996 U.S. law, it is illegal for noncitizens to vote in elections for president or members of Congress. Violators can face fines, imprisonment for up to a year, and potential deportation. States are required by federal law to regularly update their voter rolls and remove ineligible individuals, which could include immigrants living in the country illegally.
While some municipalities in California, Maryland, Vermont, and the District of Columbia allow noncitizens to vote in local elections like school board and city council races, no state constitutions explicitly permit noncitizen voting. Voter registration reviews have shown that instances of noncitizen voting are minimal, despite recent efforts to identify and address potential cases.
Republican officials in several states have reported findings from voter registration reviews, such as Texas removing over 6,500 potential noncitizens from voter rolls since 2021. Similarly, Ohio, Alabama, and Georgia have identified and taken action against individuals suspected of noncitizen voting, although these cases represent a small fraction of registered voters in each state.
Efforts to restrict noncitizen voting have also extended to proposed constitutional amendments in eight states, emphasizing that only citizens can vote. Additionally, some states have implemented measures like requiring voter registration forms to include disclaimers about noncitizen voting and posting warnings at polling places.
In Congress, Republicans have introduced the Safeguard American Voter Eligibility Act, which would mandate proof of citizenship to register to vote. While the bill passed the House, it has not advanced in the Senate. The Biden administration opposes the legislation, stating that existing laws against noncitizen voting are effective.
