Are Aliens permitted to vote in US elections
Executive summary
Aliens (non‑U.S. citizens) are categorically barred from voting in federal elections; federal law makes it a crime for a noncitizen to vote for President, Vice President, members of Congress or other federal offices, with possible fines, imprisonment, and immigration consequences [1][2][3]. At the same time, a small but growing set of local jurisdictions have authorized noncitizen voting in certain municipal or school board elections, a practice permitted by federal law so long as it does not apply to federal contests [4][5].
1. Federal prohibition: the bright legal line
Federal law, codified in statutes such as 18 U.S.C. §611 and reinforced by later statutes and executive action, makes it unlawful for an alien to vote in elections that are held “solely or in part” to choose federal officers and prescribes criminal penalties and immigration consequences for violations [2][3]. The White House and Congress have both emphasized enforcement of these statutes in recent years, directing federal agencies to prioritize prevention and prosecution of noncitizen registration or voting in federal contests [6][7]. Legal authorities and election‑law experts therefore treat federal elections as reserved for citizens only, and most official guidance begins from that rule [8][9].
2. State and local variation: where noncitizen voting exists—and where it doesn’t
While federal law bars noncitizens from federal contests, it does not categorically prohibit states or localities from allowing noncitizens to vote in purely state or local elections, and some municipalities have exercised that authority to permit lawful residents who are not citizens to vote in limited local contests such as municipal councils or school boards [4][5]. Examples reported by Ballotpedia and other sources include municipalities in Maryland and policy moves in places like New York City and Washington, D.C., though many of these efforts face legal and political challenges and are the exception rather than the rule [5][10]. No state currently permits noncitizens to vote in statewide elections, and several states have adopted constitutional amendments or laws explicitly excluding noncitizens from voting [11][5].
3. Practical safeguards and the incidence of illegal noncitizen voting
Election officials use a variety of verification systems—standardized federal registration forms that require a sworn attestation of citizenship, cross‑checks with Social Security and state DMV records, and routine audits—to prevent noncitizen registration for federal elections, and independent reviews find instances of noncitizen registration or voting to be extremely rare [12][9]. Investigations and audits sometimes identify attempted registrations that are blocked pending proof of citizenship; when unlawful voting has been alleged, prosecutions are pursued and immigration penalties may follow [12][13][3]. Major research organizations and election experts agree there is no evidence that noncitizen voting has been widespread enough to alter federal election outcomes [12][10].
4. Political conflict and legislative responses
Noncitizen voting is politically charged: advocates argue limited local franchise for long‑term lawful residents strengthens democratic inclusion, while opponents warn of confusing separate franchises and potential foreign influence, pushing for federal limits and funding restrictions [14][15]. Legislative proposals in Congress, like the “NO VOTE for Non‑Citizens Act” and other bills, would restrict federal support or require bifurcated ballots in jurisdictions that allow noncitizen voting; executive directives have similarly emphasized enforcement of federal prohibitions [7][15][6]. These tensions reflect competing agendas—local inclusion versus uniform national safeguards—and the debate is ongoing in courts and legislatures [5][14].
5. Bottom line and limits of reporting
The clear legal bottom line is that noncitizens cannot vote in federal elections and face criminal and immigration penalties if they do [2][3]; a handful of localities lawfully allow noncitizen voting in narrowly defined municipal contests, a practice permitted by federal law so long as federal offices are excluded [4][5]. This account draws on government guidance, federal statutes, academic and policy analyses, and compilations of local laws; if the question seeks real‑time counts of municipalities permitting noncitizen voting or alleged recent incidents in specific jurisdictions, available sources are evolving and those specifics were not exhaustively catalogued in the reporting reviewed here [5][12].