Can non-citizens vote in federal elections?
Executive summary
Federal law bars non‑citizens from voting in federal elections; statutes and federal criminal law make voting by aliens a crime enforceable by fines, imprisonment and immigration penalties (see 18 U.S.C. §611) [1]. State and local practice is mixed: most states require an attestation of U.S. citizenship for federal‑election registration and generally bar non‑citizen voting, but some municipalities and the District of Columbia permit limited local voting by non‑citizen residents and use ballot‑separation systems to prevent those voters from casting federal ballots [2] [3] [4].
1. Federal prohibition: clear statutory bar and criminal penalties
Congress and federal criminal law make plain that only U.S. citizens may vote in federal contests; 18 U.S.C. §611 criminalizes voting by aliens, with penalties including fines and up to one year in prison, and other federal authorities state that “only U.S. citizens can vote in federal elections” [1] [5]. Multiple reporting and legal summaries likewise repeat that federal law prohibits non‑citizen voting in federal elections [2] [6].
2. How states and localities fit into the picture
States administer federal elections and use the federal voter‑registration form that requires an attestation under penalty of perjury that the applicant is a U.S. citizen; every state requires that attestation and most states treat non‑citizens as ineligible for federal and state contests [2] [3]. Yet available reporting shows local variation: a small number of cities and the District of Columbia have enacted rules allowing certain non‑citizen residents to vote in municipal or local elections while explicitly preventing those voters from participating in federal contests—often by issuing separate local‑only ballots or other administrative safeguards [4] [3].
3. The practical reality: rare incidents, active verification systems
Independent audits and election officials’ reviews find incidents of attempted non‑citizen registration or voting are very uncommon. Research and reviews cited by analysts show extremely low rates of confirmed non‑citizen votes (for example, tiny numbers found amid millions of ballots), and states employ cross‑checks with Social Security, motor‑vehicle and federal databases to verify eligibility [7] [8] [5]. Advocacy and policy groups on both sides note that the rarity of confirmed cases shapes disagreement over whether new verification rules are necessary or would instead burden eligible voters [7] [6].
4. Political debate and proposed federal measures
The rarity of non‑citizen voting has not ended political pressure: lawmakers have proposed federal legislation (and the U.S. House has advanced bills) to require documentary proof of citizenship or expand verification tools for federal voter registration, with supporters arguing such steps are needed to prevent ineligible voting and opponents warning they would create unnecessary barriers for eligible citizens [6] [9]. Coverage of these proposals shows partisan disagreement over whether current laws and state safeguards are sufficient [6] [7].
5. Penalties and immigration consequences for non‑citizen voting
Non‑citizens who vote in federal elections face multiple kinds of legal risk: federal criminal penalties under statutes like 18 U.S.C. §611 and possible immigration consequences including deportation or revocation of status when voting is found to be knowingly unlawful; analysts and policy briefs emphasize those severe consequences as a deterrent [1] [3].
6. Where reporting and advocacy disagree — and what is not covered
Advocacy organizations such as the Brennan Center and Migration Policy Institute emphasize that claims of large‑scale non‑citizen voting are unsupported by evidence and that confirmed cases are extremely rare [5] [7]. By contrast, some lawmakers and state officials cite isolated incidents to justify broader verification laws [6]. Available sources do not mention a comprehensive, nationwide count of every instance where a non‑citizen successfully voted in a federal election; instead they rely on audits, state reviews and legal records to show that confirmed cases are very small relative to total ballots cast [7] [8].
7. Bottom line for readers asking “Can non‑citizens vote in federal elections?”
No: federal law prohibits non‑citizens from voting in federal elections and federal criminal statutes penalize voting by aliens; state and local systems are set up to keep federal and local eligibility separate, and independent reviews find confirmed non‑citizen voting in federal contests to be exceedingly rare [1] [5] [7]. Local exceptions exist for municipal voting in a handful of jurisdictions—but those exceptions do not extend to federal races, and jurisdictions that permit local non‑citizen voting employ administrative safeguards to prevent cross‑over into federal ballots [4] [3].
Limitations: this summary relies on the provided sources; it does not attempt an exhaustive legal history or catalog every municipal ordinance.