Laws permitting noncitizens to vote in the United States
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In 1996, the U.S. Congress passed a law prohibiting noncitizens from voting in federal elections, including elections for the U.S. House, U.S. Senate, and presidential elections. This does not apply to elections at the state and local levels.[1]
No state constitutions explicitly allowed noncitizens to vote in state or local elections. As of March 2024, seven states specified that noncitizens may not vote in state and local elections: Alabama, Arizona, Colorado, Florida, Louisiana, North Dakota, and Ohio.[2]
As of March 2024, six states have decided on six ballot measures related to citizenship requirements for voting since 2018. Voters approved each one. Three ballot measures related to citizenship requirements are scheduled to appear on the ballot in 2024 in Iowa, Kentucky, and Wisconsin.
The District of Columbia and municipalities in three states allowed noncitizens to vote in local elections as of March 2024: California, Maryland, and Vermont.
According to the Pew Research Center, there were over 25 million noncitizens living in the U.S. as of 2020. That included approximately 12 million permanent residents and 2 million temporary residents who were in the country with legal permission, as well as approximately 11 million immigrants who resided in the country without legal permission.[3]
Whether noncitizens should be allowed to vote is a subject of debate. Click here for support and opposition arguments and here for more on the debate over the prevalence of non-citizen voting.
Federal law
Federal law states that it is unlawful for a noncitizen to vote in federal elections and establishes the punishment of a fine, one year in prison, or both for violation of the law. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 states the following:
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(a) It shall be unlawful for any alien to vote in any election held solely or in part for the purpose of electing a candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, unless—
(b) Any person who violates this section shall be fined under this title, imprisoned not more than one year, or both.[4] |
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The law includes the following exceptions:
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(c) Subsection (a) does not apply to an alien if—
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Federal law also states that noncitizens who violate the law are inadmissible (ineligible to receive visas and ineligible to be admitted to the U.S.) and deportable.[5][6]
State constitutions on suffrage and citizenship
All state constitutions mention United States citizenship when discussing who can vote in that state's elections. In 46 states, constitutional language discussing citizenship says who can vote (e.g. "every citizen" or "all citizens"), but does not state that noncitizens cannot vote. In Arizona, Louisiana, North Dakota, and Ohio, the state constitutions provide that citizens, but not noncitizens, have the right to vote.
The following table lists what each state's constitution says regarding citizenship and the right to vote. Click the arrow to browse pages in the chart or search for a state within the chart.
Noncitizen suffrage in local elections
As of March 2024, the District of Columbia and municipalities in three states allowed noncitizens to vote in some or all local elections: California, Maryland, and Vermont.
Joshua A. Douglas, associate professor of law at the University of Kentucky College of Law, published an article in 2017 stating, "Municipalities can expand voting rights in local elections if there are no explicit state constitutional or legislative impediments and so long as local jurisdictions have the power of home rule." Some states, for example, require that changes to local charters get approval from state legislatures, thereby limiting municipal authority over voter eligibility laws, whereas other states do not.[7]
Douglas identified 14 states—including California and Maryland—as posing no clear impediments to municipalities passing their own voter qualification laws. Since publication of the 2017 article, two states which Douglas identified as having no clear impediments to noncitizen voting have passed constitutional amendments clarifying that only U.S. citizens may vote in elections in those states. The remaining 12 states identified by Douglas are:
- Arkansas
- California
- Illinois
- Maryland
- Nevada
- New Jersey
- New Mexico
- Oklahoma
- Rhode Island
- South Dakota
- Washington
- Wisconsin
The following localities allow noncitizen voting in some or all local elections. Know of a municipality we're missing? Email us.
California
Oakland
In 2022, voters in Oakland approved a charter amendment that read, "Shall the measure to amend the City Charter to allow the City Council by adopting an ordinance, to authorize voting by noncitizen residents, who are the parents, legal guardians, or legally recognized caregivers of a child, for the Office of Oakland School Board Director if they are otherwise eligible to vote under state and local law be adopted?"
The amendment was approved with 67% support. Click here to learn more. The law took effect in 2023.
San Francisco
In 2016, voters in San Francisco approved a charter amendment that read, "Shall the City allow a non-citizen resident of San Francisco who is of legal voting age and the parent, legal guardian or legally recognized caregiver of a child living in the San Francisco Unified School District to vote for members of the Board of Education?"
The amendment was approved with 54% support. Click here to learn more. The law took effect in 2018.
In July 2022, San Francisco Superior Court Judge Richard B. Ulmer, Jr. ruled that the law violated the California Constitution. Ulmer ruled that "[t]ranscendent law of California, the Constitution ... reserves the right to vote to a United States citizen, contrary to (the) San Francisco ordinance."[8] To read the full ruling, click here.
District of Columbia
The District of Columbia Council passed the D.C. Noncitizen Vote Act in October 2022, allowing noncitizens to vote in local elections. Due to the District's non-state status, all of its legislation must be reviewed by Congress prior to adoption. The D.C. Noncitizen Vote Act overcame bipartisan opposition in the U.S. House of Representatives and passed its congressional review in March 2023.[9]
Advocates of the law argued that noncitizens have an interest in schools, public safety and other issues, and should therefore be allowed to weigh in on public policy decisions. Opponents argue that noncitizens do not have a fundamental right to vote or hold public office in the U.S. and that the legislation dilutes the voting power of U.S. citizens.[10]
In March 2023, a group of seven D.C. voters filed a lawsuit in D.C. Superior Court seeking an injunction to prevent the law from being enforced. The case was moved to the U.S. District Court for the District of Columbia.[9][10]
On March 20, 2024 the court dismissed the challenge. In its opinion, the court held that the plaintiffs "votes will not receive less weight or be treated differently than noncitizens’ votes; they are not losing representation in any legislative body; nor have citizens as a group been discriminatorily gerrymandered, ‘packed,’ or ‘cracked’ to divide, concentrate, or devalue their votes."[11]
Maryland
Maryland's state constitution specifies that "every citizen of the United States, of the age of 18 years or upwards, who is a resident of the State as of the time for the closing of registration next preceding the election, shall be entitled to vote in the ward or election district in which the citizen resides at all elections to be held in this State."[12] The state constitution gives municipalities the authority to allow people outside those qualifications to vote without requiring state approval of such changes.[13]
The following Maryland municipalities allowed noncitizens to vote in local elections as of November 2023.
Barnesville
The Barnesville town charter defines qualified voters as "having resided therein for six months previous to any town election and being eighteen years of age."[14]
Cheverly
Any person over the age of 18 who has been a resident of Cheverly for at least 30 days at the time of the election and has not been convicted of a crime is eligible to register to vote in town elections.[15]
Chevy Chase Section 3
The charter of Chevy Chase Section 3 reads, "'Qualified Voter' shall mean any person who is a resident of Chevy Chase Section 3, without regard to citizenship, and is at least eighteen (18) years of age."[16]
Garrett Park
The Garrett Park town charter reads, "The town manager shall provide for the registration of voters in a flexible and available manner in order to encourage registration and voting, consistent with the policies adopted by ordinance and the rules and procedures specified by the election judges. Qualified persons may register by universal registration with either Montgomery County or the town, or may register only with the town, including residents who are not citizens of the United States, up to and including election day."[17]
Glen Echo
Glen Echo's town charter says the following: "Any person who is not a United States citizen, and (a) is a resident of the Town of Glen Echo, (b) is a lawful resident of the United States, and (c) except for the United States citizenship requirement, meets the voter qualifications provided in Section 501(a) may register to vote in Town elections."[18]
Hyattsville
The Hyattsville town website states, "Hyattsville residents who are not U.S. citizens, or do not wish to register with the State, may use the Hyattsville City Voter Registration Form."[19]
Martin’s Additions
The Martin's Additions town charter says, "'Qualified Voter' is any person who owns property or any resident of Martin's Additions who is eighteen (18) years of age or over."[20]
Mount Rainier
Mount Rainier's city charter states that any person who has been a city resident for 30 days or more at the time of a local election, is at least 18 years old, has not been convicted of a felony offense or of buying and selling votes, and is not under mental guardianship may register to vote.[21]
Riverdale Park
Riverdale Park's town charter states, "(a) Every resident of the town who (1) has the Town of Riverdale Park as his or her primary residence, (2) is at least sixteen (16) years of age, (3) has resided within the corporate limits of the town for at least forty-five (45) days immediately preceding any nonrunoff town election, (4) does not claim the right to vote elsewhere in the United States, (5) has not been found by a court to be unable to communicate a desire to vote, and (6) is registered to vote in accordance with the provisions of § 503 of this charter shall be a qualified voter of the Town."[22]
Somerset
The Somerset town charter says, "Every person who (1) is at least eighteen years of age, (2) has resided within the corporate limits of the town for fourteen days next preceding any election, and (3) is registered in accordance with the provisions of this Charter, shall be a qualified voter of the town. Every qualified voter of the town shall be entitled to vote at any or all town elections."[23]
Takoma Park
The Takoma Park city website states, "City residents who are not citizens of the United States can register to vote in Takoma Park elections by completing the Takoma Park Voter Registration Application."[24]
Vermont
The following Vermont municipalities allowed noncitizens to vote in local elections as of October 2023.
Burlington
On March 9, 2023, the city of Burlington approved a charter amendment extending the right to vote to its noncitizen residents. Although Governor Phil Scott vetoed the legislation, both chambers of the state legislature voted to override that veto on June 30. The law took immediate effect.[25][26]
Montpelier
On June 24, 2021, H177 was enacted into law, approving a Montpelier city charter amendment authorizing legal residents to vote in city elections. Although Governor Phil Scott vetoed the legislation, both chambers of the state legislature voted to override that veto. The law took immediate effect.[25][27]
Winooski
On June 24, 2021, H 227 was enacted into law, approving a Winooski city charter amendment authorizing legal residents to vote in city and school district elections. Although Governor Phil Scott vetoed the legislation, both chambers of the state legislature voted to override that veto. The law took immediate effect.[25][28]
Ballot measures
Since 2018, voters have decided on six ballot measures related to adding language about citizenship requirements for voting. Voters approved each one.
| Ballot measure | Year | Status | Yes (%) | No (%) | Type |
|---|---|---|---|---|---|
| Iowa Citizen Requirement for Voting and Primary Voting for 17-Year-Olds Amendment | 2024 | On the ballot | N/A | N/A | Referral |
| Kentucky Citizenship Requirement for Voting Amendment | 2024 | On the ballot | N/A | N/A | Referral |
| Wisconsin Citizenship Voting Requirement Amendment | 2024 | On the ballot | N/A | N/A | Referral |
| Louisiana Amendment 1, Citizen Requirement for Voting Measure | 2022 |  Approved |
73.44% | 26.56% | Referral |
| Ohio Citizenship Voting Requirement Amendment | 2022 | Approved |
77.05% | 22.95% | Referral |
| Florida Amendment 1, Citizen Requirement for Voting Initiative | 2020 | Approved |
79.29% | 20.71% | Initiative |
| Alabama Amendment 1, Citizen Requirement for Voting Amendment | 2020 | Approved |
77.01% | 22.99% | Referral |
| Colorado Amendment 76, Citizen Requirement for Voting Initiative | 2020 | Approved |
62.90% | 37.10% | Initiative |
| North Dakota Measure 2, Citizen Requirement for Voting Initiative | 2018 | Approved |
65.93% | 34.07% | Initiative |
Noteworthy events
Noncitizen voting declared unconstitutional in New York (2022)
On December 9, 2021, the New York City Council approved Int. 1867-2020, which extended the right to vote in municipal elections to lawful permanent residents and other non-citizens authorized to work in the United States. The council voted 33-14 in favor of the legislation, making New York City the largest city in the nation at the time to authorize voting by non-citizens.[29]
Mayor Eric Adams (D) allowed the legislation to become law without his signature on January 9, 2022, saying, “I believe that New Yorkers should have a say in their government, which is why I have and will continue to support this important legislation. ... I look forward to bringing millions more into the democratic process."[30][31]
A group of Republican voters and officials representing the New York Republican State Committee and Republican National Committee, as well as a Democratic city council member, filed a lawsuit on January 10, 2023, challenging the new law. The plaintiffs alleged that allowing over 800,000 eligible noncitizens to vote in municipal elections when New York City has approximately five million registered voters would dilute the power of the votes of legitimate U.S. citizens.[32]
On June 27, 2022, the New York State Supreme Court for Staten Island overturned the law, ruling that it violated the state's constitution. According to Judge Ralph Porzio, “by not expressly including non-citizens in the New York State Constitution, it was the intent of the framers for non-citizens to be omitted.” The judge quoted Article 2.1 and Article 2.5 of the state's constitution in his judgment:[33][34]
On February 21, 2024, the Appellate Division for the Second Judicial Department in New York upheld the lower court's decision upon appeal.[35] In the ruling, associate justice Paul Wooten said, “We determine that this local law was enacted in violation of the New York State Constitution and Municipal Home Rule Law, and thus, must be declared null and void.”[36]
The Supreme Court of the State of New York includes 62 separate courts—one for each county. These courts are the highest trial courts in the state but they are not New York's courts of last resort. The Court of Appeals is the highest court and court of last resort in New York.
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See also
- Arguments for and against laws permitting noncitizens to vote in the United States
- Debate over the prevalence of noncitizens voting
- Suffrage on the ballot
- Sample Ballot Lookup
- Immigration in the United States
- Immigration Policy
Footnotes
- ↑ 1.0 1.1 Cornell Law School, "18 U.S. Code § 611 - Voting by aliens," accessed February 15, 2023
- ↑ Berkeley Public Policy Journal, "Spring 2019 Journal: Noncitizen Voting Rights in the United States," March 4, 2019
- ↑ Pew's count of those living in the country without legal permission included some with temporary protection from deportation, including under the Deferred Action for Childhood Arrivals (DACA) program. Pew Research Center, "Key findings about U.S. immigrants," August 20, 2020
- ↑ 4.0 4.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Cornell Law School, "8 U.S. Code § 1182 - Inadmissible aliens," accessed February 15, 2023
- ↑ Cornell Law School, "8 U.S. Code § 1227 - Deportable aliens," accessed February 15, 2023
- ↑ University of Kentucky, "The Right to Vote Under Local Law," accessed February 15, 2023
- ↑ San Francisco Chronicle, "Judge strikes down San Francisco law allowing noncitizen parents to vote in school elections," July 29, 2022
- ↑ 9.0 9.1 The Washington Post, "House votes to block D.C. bills on noncitizen voting, criminal code," February 10, 2023
- ↑ 10.0 10.1 The Washington Post, "Legal challenge filed against D.C.’s noncitizen voting law," May 13, 2023
- ↑ U.S. District Court for the District of Columbia, "STACIA HALL, et al., v. DISTRICT OF COLUMBIA BOARD OF ELECTIONS, Civil Action No. 23-1261 (ABJ)" March 20, 2024
- ↑ Maryland, "Constitution of Maryland," accessed March 30, 2020
- ↑ Newsweek, "Immigrants are Getting the Right to Vote in Cities Across America," September 13, 2017
- ↑ Town of Barnesville, Maryland, "Town Charter," accessed February 15, 2023
- ↑ Town of Cheverly, "May 3, 2021 Election Information," February 17, 2021
- ↑ Section 3 of the Village of Chevy Chase, "Charter of Incorporation for Section 3 of the Village of Chevy Chase," accessed February 15, 2023
- ↑ Town of Garrett Park, "Charter of the Town of Garrett Park," accessed February 15, 2023
- ↑ Town of Glen Echo, Maryland, "Town Election," accessed February 15, 2023
- ↑ City of Hyattsville, "Elections," accessed February 15, 2023
- ↑ Village of Martin's Additions, "Village Council Elections," accessed February 15, 2023
- ↑ City of Mount Rainier, "Charter with 2017 Election amendments," accessed February 15, 2023
- ↑ Riverdale Park MD, "Town Charter," accessed February 15, 2023
- ↑ Town of Somerset, "Charter," accessed February 15, 2023
- ↑ City of Takoma Park, Maryland, "Register to Vote," accessed February 15, 2023
- ↑ 25.0 25.1 25.2 Seattle Times, "Vermont's Largest City Votes to Allow Nonctiizen Voting," March 9, 2023 Cite error: Invalid
<ref>tag; name "VTdigger" defined multiple times with different content Cite error: Invalid<ref>tag; name "VTdigger" defined multiple times with different content - ↑ Bolts, "Refugee Organizing Helps Spur Noncitizen Voting in Vermont Cities," September 28, 2023
- ↑ Vermont General Assembly, "H.177," accessed February 15, 2023
- ↑ Vermont General Assembly, "H.227," accessed February 15, 2023
- ↑ Politico, "New York becomes largest city to grant vote to noncitizens," December 9, 2021
- ↑ The New York Times, "Noncitizens’ Right to Vote Becomes Law in New York City," January 9, 2022
- ↑ NBC News, "New York City Mayor Eric Adams allows noncitizen voting bill to become law," January 10, 2022
- ↑ Democracy Docket, "New York Judge Strikes Down NYC’s Noncitizen Voting Law," June 27, 2022
- ↑ Reuters, "New York judge rules law allowing noncitizens to vote for mayor is unconstitutional," June 27, 2022
- ↑ Democracy Docket, "Full Judgement NYSCEF Doc. No. 174," June 27, 2022
- ↑ Politico, "NYC’s non-citizen voting law ruled unconstitutional on appeal ," February 21, 2024
- ↑ Supreme Court of the State of New York Appellate Division: Second Judicial Department, "Fossella v Adams - D73920," February 21, 2024
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