Four Things to Know about Noncitizen Voting

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. Any instance of illegally cast ballots by noncitizens has been investigated by the appropriate authorities, and there is no evidence that these votes—or any other instances of voter fraud—have been significant enough to impact any election’s outcome.

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.

Most states also verify citizenship by checking against federal databases, such as the Social Security Administration. Others verify citizenship through forms of identification, such as birth certificates or information provided on driver’s license applications.

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. Any instance of illegally cast ballots by noncitizens has been investigated by the appropriate authorities, and there is no evidence that these votes—or any other instances of voter fraud—have been significant enough to impact any election’s outcome.