What federal laws prohibit noncitizen voting and what penalties do they prescribe?
Executive summary
Federal law makes it a crime for noncitizens to vote in federal elections under 18 U.S.C. §611 and related statutes enacted in the 1996 immigration reforms; violating those provisions can carry fines and up to one year in federal prison for voting itself and broader penalties (including deportation and immigration consequences) for noncitizens who register or falsely attest to citizenship [1] [2]. Other federal provisions separately criminalize false statements in voter registration and can carry steeper terms — some analyses say registration-related federal offenses have been tied to penalties up to five years — and Congress has debated additional bills that would expand penalties or uniform proof-of-citizenship requirements [3] [4] [5].
1. The core federal prohibition: 18 U.S.C. §611 — “Voting by aliens”
Congress criminalized noncitizen voting in federal contests by statute; 18 U.S.C. §611 makes it unlawful for an “alien” to vote in elections that are held solely or partly to elect federal officers (President, Congress, etc.), while carving narrow exceptions where state or local law expressly allows noncitizens to vote on nonfederal matters conducted independently of federal contests [1]. The statute is the principal federal bar against noncitizen participation in federal elections [1].
2. Penalties for illegal voting and related immigration consequences
Reporting and legal summaries state that illegally voting in a federal election can result in a fine and up to one year in federal prison; noncitizens convicted face additional immigration consequences, including deportation and loss or revocation of legal status, and potential bars to future immigration benefits [2] [6]. Several sources emphasize that conviction for voting or for registering fraudulently creates government records that can trigger removal or naturalization-disqualification processes [2] [3].
3. Other federal offenses tied to registration and false attestation
Federal law also reaches false statements on voter registration forms and related conduct. Analyses by the Brennan Center and CRS note some federal registration-related statutes can carry longer maximum terms; the Brennan Center cites analyses that registering to vote unlawfully can be punished by up to five years in prison under certain federal statutes, while CRS notes Congress may add or adjust criminal penalties and has advanced bills to require proof of citizenship and additional enforcement mechanisms [3] [4]. Media coverage of House legislation frames such proposals as overlapping with already-existing federal felonies for noncitizen registration or voting [5].
4. Enforcement reality and dispute over scope
Experts and advocacy groups say the statutory bars are clear, but they differ on how widespread illegal noncitizen voting is and how aggressively laws are enforced. The Brennan Center and other voting-rights organizations stress that noncitizen voting in federal and state elections is vanishingly rare and that prosecution is uncommon; they argue existing laws suffice and that additional federal mandates are unnecessary [3] [7]. Conversely, some Republican lawmakers and policy groups press for new proof-of-citizenship rules and stiffer penalties, saying gaps in state enforcement create risk [5] [8].
5. State and local exceptions complicate the picture
Federal law targets federal elections but leaves room for state or municipal rules that permit noncitizen participation in strictly local matters — provided voting does not overlap with federal contests and state law authorizes it. Several municipalities and the District of Columbia have authorized limited local noncitizen voting; federal statute expressly contemplates these distinctions, which is why most modern disputes focus on the boundaries between federal, state and local authority [1] [9] [6].
6. Legislative activity and proposals to change penalties or proof requirements
Congress in recent sessions has debated bills that would mandate documentary proof of citizenship for federal registration and that would impose new penalties or funding consequences on jurisdictions that allow noncitizen local voting. The Congressional Research Service notes the House has passed measures (e.g., SAVE Act and proof-of-citizenship proposals) that would change registration rules and enforcement, and advocacy groups propose still-harsher state penalties [4] [10]. Coverage of a House vote and ongoing partisan debate shows this issue remains a legislative flashpoint [5].
7. What the available reporting does not cover
Available sources document the statutory text, common summaries of penalties, and the political debate; they do not provide a comprehensive table of every federal statute, every subsection and the exact maximum fine amounts beyond the cited prison terms, nor do they list every enforcement action or case outcome nationwide. Specific case counts, typical prosecutorial practices, or an exhaustive statutory crosswalk of every voter-related federal criminal penalty are not found in the current reporting (not found in current reporting).
Bottom line: 18 U.S.C. §611 is the statutory bedrock prohibiting noncitizen voting in federal contests, punishable by fines and generally up to one year in prison for voting itself, while convictions commonly carry immigration consequences; other federal registration or false-statement statutes have been tied in analysis to longer possible prison terms and Congress continues to debate stronger enforcement and proof-of-citizenship measures [1] [2] [3] [4] [5].