Vice Presidential Debate 2024

[Sucker]

CBS News Vice Presidential Debate Simulcast

 

[Vijay]

How is it possible for illegals to vote when even LGEAL Green Card holders are not allowed to vote in USA???

In Michigan, JD Vance again refuses to say Donald Trump lost the 2020 election

 

[Vijay]

Both Trump and Vance are trying to fool illiterate American voters with baseless and false claims!

The Myths and Truths of Noncitizen Voting in the United States

On April 12, 2024, former President Donald Trump and House Speaker Mike Johnson (R-Louisiana) announced that House Republicans would soon introduce a bill to ban noncitizens[1] from voting in federal elections.

The truth, however, is that noncitizens have been barred from voting in federal elections since 1924. In addition, in 1996, Congress made noncitizen voting in federal elections a crime punishable by fines and imprisonment. Accordingly, this explainer aims to separate myth from fact, providing an overview of existing laws impacting voting by noncitizens to understand the issue better.

The natural first place to look for voting qualifications must be the U.S. Constitution, which, notably, does not forbid noncitizens from voting. It simply sets two rules regarding voting qualifications:

• State legislatures have the authority to determine the voting qualifications of the electorate;^[2] and

• The U.S. Constitution explicitly forbids state legislatures from restricting suffrage on account of religion,^[3] ethnicity,^[4] sex,^[5] poll taxes,^[6] and age.^[7]

With the U.S. Constitution empowering state legislatures to determine the voting qualifications of the electorate, the historical evolution of state constitutions in defining the electorate is particularly significant. Most people will find it surprising that certain noncitizens were permitted to vote in federal, state, and local elections in 33 states between 1776 and 1924.[8] Granting the right to vote to noncitizens was a common incentive among U.S. territories and new states to attract workers and families to work and populate the lands.[9]

However, exactly one century ago, in 1924, Missouri became the last state in the country to ban noncitizen voting in federal elections after amending its state constitution to bar the practice.[10]

Yet, decades later, the U.S. Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA), a sweeping federal immigration enforcement bill. While no states had permitted the practice in the previous 74 years, Section 611 of IIRAIRA went beyond the existing prohibitions to criminalize noncitizen voting in federal elections, making it a crime punishable by up to one year in prison.[11]

The law, however, explicitly left a door open for noncitizens to vote in state or local elections in accordance with state constitutions and local ordinances.[12] While no state constitutions allow noncitizens to vote in state elections, some municipalities do permit them to vote in local elections.

In 1992, the City of Takoma Park, Maryland, became the first municipality in the country to restore noncitizen voting in local elections. From a legal standpoint, Takoma Park argued that Maryland’s constitution expressly delegates municipalities the power to determine suffrage qualifications for municipal elections in their city charters.[13] In addition, from a practical perspective, Takoma Park argued that citizenship was an irrelevant suffrage qualification when voting for local officials because they deal with local responsibilities, such as parks and recreation, arts programs, public transportation, garbage collection, water, and sewage, to name just a few.

Since Takoma Park granted noncitizens the right to vote in local elections, a small handful of localities have followed its steps. Currently, eleven municipalities in Maryland^[14] and Washington, D.C.[15], have opted to allow noncitizens to participate in municipal elections. In addition, at least two school districts in California[16] permit noncitizens to vote in school board elections (but not other municipal elections). In these jurisdictions, noncitizens remain ineligible to vote in federal and state elections.

Besides these handfuls of localities, dozens of cities have considered granting noncitizen voting rights for municipal elections – including Los Angeles, New York City, and Portland – but all initiatives failed at the time of the article’s publication.[17]

Conclusion

The Trump-Johnson proposal to ban noncitizen voting seeks to solve a problem that does not exist. Noncitizens have been barred from voting in federal elections in the United States for at least a century. And since 1996, noncitizen voting in federal elections has been a crime punishable with fines and imprisonment. While a handful of municipalities lawfully permit noncitizens to vote exclusively in local elections, those localities are the exception. Accordingly, introducing new legislation to ban noncitizen voting in federal elections is unnecessary.

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Explainer: Noncitizen Voting in U.S. Elections

 

 

iStock.com/Bulgnn

It is illegal for noncitizens to vote in federal or state elections in the United States. There is no evidence that unauthorized immigrants, green-card holders, or immigrants on temporary visas are voting in significant numbers, despite some claims that “millions” of noncitizens are voting in U.S. elections. In fact, audits by election officials and numerous studies reflect that voter fraud by noncitizens is extremely rare.

As of 1924, all states had banned noncitizens from voting in federal elections, and in 1996, Congress added criminal penalties. Noncitizens face up to five years in federal prison for even registering to vote and illegal voting can trigger immigration consequences, including deportation.

Despite these federal and state prohibitions, and the absence of evidence that noncitizen voting is significant, a number of Republican elected officials have introduced measures that would mandate additional ID requirements for all voters or verification of eligibility.

Claims that migrants are being allowed into the United States so they can vote rest on the unfounded assumption that immigrants can quickly become voters. But to become U.S. citizens and thus be eligible to vote, immigrants must first receive legal permanent residence (aka getting a green card) and typically spend five years in that status (three if married to a U.S. citizen) before becoming eligible to naturalize. In the case of migrants crossing the U.S.-Mexico border, they face a complicated path of a decade or longer to U.S. citizenship and may not ever have any pathway at all.

Voting in U.S. Federal Elections Is Incredibly Rare

A Heritage Foundation database of election fraud cases identified just 23 instances of noncitizen voting between 2003 and 2022.

Elections officials reported just .0001% of the 23.5 million votes cast in 42 jurisdictions surveyed were of suspected noncitizen voting, a Brennan Center for Justice study of the 2016 election found. Forty of the 42 jurisdictions reported no known incidents of noncitizen voting.

Lack of Evidence for Noncitizen Voting

Audits by state officials and studies from nonpartisan (and even conservative) organizations have found voter fraud by noncitizens is, as one organization described it, “exceedingly rare.” In fact, audits by several states show that there have been small numbers of noncitizens who registered to vote, often by mistake, with far fewer casting ballots. For example, while a 2022 Georgia investigation found there were 1,634 incidents of noncitizens potentially attempting to register to vote between 1997 and 2022, these individuals were all blocked until they could provide proof of citizenship (if they had naturalized, for example).

Voter Registration and Verification of Eligibility to Vote

All states are required to use the same voter registration form for registering people to vote in federal elections. The form requires applicants to affirm, under penalty of perjury, that they are citizens.

Many people are automatically registered to vote when they apply for a driver’s license. In some cases, this can lead to noncitizens mistakenly being registered to vote, though states regularly conduct audits of their databases to remove ineligible voters. Typically, voter names are purged because of death, a move, or criminal conviction. The vast majority are U.S. citizens.

States verify voter identity and eligibility to vote using databases such as those from the federal Social Security Administration or state departments of motor vehicles. Some election officials have attempted large-scale voter rolls purges, but in many cases, the people removed were naturalized U.S. citizens who had to be reinstated. The Texas acting secretary of state resigned in 2019 after his office wrongly questioned the U.S. citizenship of nearly 100,000 people.

Voting-rights advocates have expressed opposition to proposed measures such as the SAVE Act, which would prescribe methods for proving U.S. citizenship, because millions of U.S.-born citizens do not have ready access to birth certificates or passports and could be prevented from exercising their right to vote.

Voting in Local Elections

While no state allows noncitizens to vote in federal or statewide elections, at least 16 U.S. jurisdictions permit noncitizens to vote in certain local elections, such as for school board, city council, or mayor. Relatively small numbers of noncitizens choose to vote in these local elections.

https://www.migrationpolicy.org/content/noncitizen-voting-us-elections

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In recent years, heightened scrutiny has targeted the integrity of election processes, particularly regarding noncitizen participation in U.S. elections. We address here four frequently asked questions concerning noncitizens voting in American elections:

1. Can noncitizens vote?
2. How do election offices verify voters’ citizenship status?
3. What are penalties for voting as a noncitizen?
4. Have there been documented cases of noncitizen voting?

Can noncitizens vote?

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 explicitly prohibits noncitizens from voting in federal elections. It is not legal in any state for a noncitizen to cast a ballot in a federal election.

While federal law does not prohibit noncitizens from casting a ballot in state or local elections, no state currently allows noncitizens to vote in statewide elections. Three states and Washington, DC, have municipalities that allow noncitizens to vote in certain local elections. San Francisco allows resident noncitizen parents and guardians to vote in school board elections. Oakland is currently attempting to enact a similar law. Some cities in Maryland and Vermont permit noncitizens to vote in municipal elections. New York City enacted a law allowing noncitizens to vote in local elections in 2021, but it was ruled unconstitutional by a state judge in 2022. Washington, DC, recently enacted a law to allow noncitizen residents to vote in all non-federal elections.

As voting in federal and state elections is limited to citizens, communities that do allow noncitizens to vote maintain processes to ensure that a registered noncitizen voter cannot receive a ballot for state or federal races. Maryland’s cities, for example, maintain separate ballots for municipal elections. This ensures that noncitizens, who may only vote in certain local elections, cannot receive a ballot for state or federal contests.

How do election offices verify voters’ citizenship status?

The process of verifying voter citizenship varies across the United States. The National Voter Registration Act of 1993 requires states to use a common voter registration form, which includes under penalty of perjury an attestation that the applicant is a U.S. citizen.

States verify voter identity and information using state and/or federal databases, such as the Social Security Administration or state departments of motor vehicles. By cross-referencing information that the voter provides against information provided by these entities, election administrators can ensure that identifying information submitted on voter registration forms is accurate and legitimate. This hinders those who may attempt to register to vote using fraudulent or false information.

What are penalties for voting as a noncitizen? Does voting by a noncitizen affect their immigration status?

Illegally voting in a federal election can result in a fine and up to one year in federal prison. Additionally, a noncitizen found guilty of this crime may face deportation and revocation of their legal status under immigration law. Finally, falsely claiming U.S. citizenship for the purpose of registering to vote may also result in deportation or denial of future immigration status.

Deterrence is an important factor in ensuring compliance with voting laws. The consequences for breaking federal election law can have a profound effect on noncitizens. They could face prison time and deportation for illegal voting as well as denial of future immigration status, including naturalization.  The risk of identification and punishment generally deters the behavior.

Have there been documented cases of noncitizens voting?

The Heritage Foundation’s analysis of legal actions regarding election conduct found only 24 instances of noncitizens voting between 2003 and 2023. A study conducted by the Brennan Center for Justice analyzing 23.5 million votes across 42 jurisdictions in the 2016 general election concluded that there were approximately 30 instances of noncitizens casting votes. Illegal voting, including by noncitizens, is routinely investigated and prosecuted by the appropriate authorities, and there is no evidence that noncitizen voting has ever been significant enough to impact an election’s outcome.

This blog was updated on July 2, 2024, to correct information on the role the Social Security Administration plays in verifying voter registration information.

https://bipartisanpolicy.org/blog/four-things-to-know-about-noncitizen-voting/