There is a mountain of misinformation rising in the media about noncitizens voting in US elections. Despite what you may hear in the news or read online, it is extremely rare for a noncitizen to vote in a US election. In fact, it has been estimated that less than 0.01 percent of noncitizens vote in our elections. For example, a Georgia voter audit found that only 20 people out of 8.2 million registered voters were determined to be noncitizens. Audits by other states have found similar results.
The fact is, only eligible American citizens are allowed to vote in US elections. Noncitizens are not eligible to vote in US state and federal elections, and a 1996 law made doing so a crime worthy of jail time or deportation. Because of this, it is rare for noncitizens to cast a vote in a US election – although there are a handful of occasions when someone may erroneously think they can do so despite being ineligible.
Confusion About Election Laws
Some municipalities in the US allow noncitizens to vote in local races, such as school board elections. These include municipalities in Washington, DC, San Francisco, and at least ten cities in Maryland. This can lead some people to assume they can also vote in state and federal elections, which is not the case. If you live in a city that has given you the right to vote in a local election, always remember that your right doesn’t extend to the state or federal level. Be sure to familiarize yourself not only with the local laws where you live but also with U.S. election laws.
Automatic Voter Registration
When a permanent resident gets a driver’s license, the Department of Motor Vehicles may automatically register them to vote. Even though states generally conduct audits to remove ineligible voters from voting lists, there are times when a name may still be overlooked. The bottom line is that if you are a permanent resident who has been placed on a voter registration list, you still do not have the right to vote in US elections.
Administrative Errors
Sometimes noncitizens receive voter registration forms in the mail due to a clerical error. This can lead to much confusion, especially if you are already a permanent resident or have limited English language skills. This is why it is vital to familiarize yourself with the US voting guidelines and avoid registering to vote even if you declare yourself to be a noncitizen in the paperwork.
False Information From Family
Unfortunately, there have been instances when a nonimmigrant who was brought to the US as a child erroneously voted in an election because their parents misinformed them about their immigration status. If you were brought to the US as a young child, be sure to seek proof that you are a US citizen before attempting to vote.
Again, bear in mind that only US citizens are allowed to vote in state and federal elections, and noncitizens cannot vote in most municipalities across the country. If you receive a voter registration form, or were accidentally registered to vote, do not make the serious error of voting in a US election. The consequences are not worth the risk.
If you’re unsure about your eligibility to vote or have questions regarding an immigration legal matter, contact U.S. Immigration Law Counsel for a strategy session to discuss your case.
