The Non-Citizen Voting Problem, and How to Solve It
Key Findings
- An open national border, coupled with the growing movement on the Left to allow non-citizens to vote and weak enforcement of voting laws, paves the way for non-citizens voting in American elections.
- States must address their vulnerabilities and prohibit non-citizens from voting in state and local elections.
- There are two commonsense solutions for states to ensure that only citizens can vote: banning non-citizens from voting and maintaining accurate voter rolls.
- Federal law prohibits non-citizens from voting in federal elections, but there is no mechanism to enforce it.
- Congress should require that states obtain documentary proof of citizenship when registering people to vote.
Overview
American citizenship is a rich honor. But many on the Left would cheapen citizenship, allowing non-citizens to vote in U.S. elections. The radical movement to allow non-citizens to vote is growing, funded by the taxpayer and led by the Biden-Harris administration.1
Even so, federal law explicitly prohibits non-citizens from voting in federal elections—elections for the U.S. House of Representatives, U.S. Senate, and president.2 Unfortunately, state elections are more vulnerable. State constitutions detail who may vote, but many states fail to expressly prohibit non-citizens from voting, leaving room for corrupt, activist judges to interpret the law in favor of non-citizens voting.
Moreover, a lack of enforcement mechanism exists at both the state and federal levels. Without an enforcement mechanism, elections are run on the honor system. It is alarmingly easy for non-citizens to register to vote in a federal election because the current federal voter registration form, also used by states, does not require proof of citizenship in order to register. Registrants are merely required to attest to their citizenship status.
These egregious loopholes in the voter registration process, combined with the millions of illegal aliens entering the country, leave American elections vulnerable to foreign interference. Fortunately, state and federal lawmakers have commonsense solutions to ensure that only U.S. citizens may vote. At the state level, lawmakers should explicitly prohibit non-citizens from voting in state and local elections. Meanwhile, Congress should require that states obtain documentary proof of citizenship when registering people to vote.
An open national border, coupled with the growing movement on the Left to allow non-citizens to vote and weak enforcement of voting laws, paves the way for non-citizens voting in American elections.
The Biden-Harris administration has sided against American citizens since day one. On their very first day in office, the administration ended the border wall construction, took action to include illegal aliens in the census and apportionment process, and eliminated important protocols to protect American citizens.3-5
Now, the administration is taking part in the larger movement to allow non-citizens to vote in American elections. It is already too easy for non-citizens to vote. Secure elections are critically important, and Americans must have faith in the integrity of their vote. But the Biden-Harris administration has likely unlawfully tasked its own federal agencies to get out the vote.6-9 Democrats want non-citizens to vote in American elections.10 Given their parallel open border plan, this means illegal aliens, too.
As with any radical leftist policy, it starts with an agenda of dependency, masquerading as compassion. In 46 states, welfare offices provide voter registration forms to individuals, without proof of citizenship.11 Additionally, the Biden-Harris administration’s U.S. Department of Agriculture (USDA) recommended food stamp programs “remove eligibility restrictions on receipt based on immigration status.”12 And though applicants for Medicaid are required to verify their citizenship, earlier this year the current administration forbade states from double-checking citizenship status. Medicaid offices are compelled to provide voter registration services.13-14 This vote-buying scheme extends to Social Security offices, national parks, public housing authorities, public colleges, and anyone enrolling in Healthcare.gov.15
The above efforts are frightening enough. But now more than 11 million illegal aliens have been welcomed into the country under the Biden-Harris administration.16-17 The illegal alien population already surpassed 22 million in 2016.18 In typical leftist fashion, Democrats argue that verifying citizenship to vote is harmful and disenfranchises voters.19 They do not consider the victims of this dangerous scheme: the American people. Open-border Democrats put illegal aliens above American citizens.
Though much of the taxpayer-funded get-out-the-vote efforts are still shrouded in secrecy, the Left publicly builds their case for non-citizen voting at the local level. Dangerous policy often starts with experimentation at the local level.20 But the Left never intends for it to stay there. Bad ideas will move to the state and national stage if normalized locally.
As an example, in December 2021, New York City passed a radical proposal allowing non-citizens to vote in local elections.21 New York City would have allowed 800,000 non-citizens to vote.22 The measure faced immediate legal challenges and was eventually ruled unconstitutional in early 2024.23 In Washington, D.C., non-citizens can vote in local elections. This was hotly contested in Congress, then in court.24-25 In March 2024, a federal court dismissed the lawsuit.26 Unsurprisingly, Washington, D.C. is the first city that has seen a non-citizen hold public office.27 San Francisco, Chicago, and certain cities in Maryland and Vermont are also among those that allow non-citizens to vote in local elections.28-31
States must address their vulnerabilities and prohibit non-citizens from voting in state and local elections.
(1) Ban non-citizens from voting
State constitutions outline who may vote, but most fail to explicitly ban non-citizens from voting. A lack of explicit language may open the door for corrupt, activist judges to interpret the law in favor of non-citizens voting.32 Most state constitutions say “every citizen” or “all citizens” can vote, but do not include a provision prohibiting non-citizens from voting. States need to explicitly allow “only citizens” to vote.
Since 2018, seven states—Alabama, Arizona, Colorado, Florida, Louisiana, North Dakota, and Ohio—have all passed constitutional amendments to explicitly prohibit non-citizens from voting.33-40 Five more states—Minnesota, Mississippi, Virginia, West Virginia, and Wyoming—already have constitutional or statutory language allowing only citizens to vote in state and local elections.
Moreover, states can preempt the Left’s efforts to build their case for non-citizen voting at the local level. Municipalities cannot be allowed to go rogue. The individual is the ultimate sovereign, consenting to be governed by the state, not the locality.
(2) Maintain accurate voter rolls
Accurate and up-to-date voter rolls help to motivate people to vote and improve confidence in elections.42 Reviewing voter rolls on a regular basis is necessary to ensure that only eligible voters may vote.
Skipping this step puts eligible voters at risk. More than 200,000 names were removed from Wisconsin’s voter rolls in 2021 as a part of routine list maintenance.43 Non-citizens were among those wrongly on voter rolls. Virginia reviewed its voter rolls and found nearly 1,500 registered non-citizens.44 Alabama’s Secretary of State recently found more than 3,000 non-citizens on voter rolls.45 In Colorado, 30,000 non-citizens received notices encouraging them to vote.46-47
Non-citizen voting, even by mistake, is so possible that one film director dedicated a movie on the topic.48 States must conduct routine list maintenance to remove non-citizens from their voter rolls.
States should use any tools at their disposal to check the citizenship status of their voter rolls. Databases such as the U.S. Department of Homeland Security’s Systematic Alien Verification for Entitlements system and E-Verify should be checked whenever possible. Other methods, such as data sharing agreements with other states, and checking courts’ juror lists should also be used to find non-citizens who have registered to vote.
One state, Arizona, requires proof of citizenship to register to vote in state elections.49 However, this has led to a complicated, bifurcated voter registration system that is the subject of ongoing litigation since the National Voter Registration Act (NVRA) allows states to register voters for federal elections using only one form.50-52
Requiring proof of citizenship when registering to vote is a problem that needs to be solved at the federal level. States should monitor litigation and legislative changes that might allow them to require proof of citizenship without bifurcation of their voter rolls and registration systems.
Federal law prohibits non-citizens from voting in federal elections, but there is no mechanism to enforce it.
The federal form, used by most states to register voters, requires registrants to attest that they are a U.S. citizen. But there is no enforcement mechanism, as the form does not require proof of citizenship in order to register to vote.
States must “accept and use” the federal voter registration form from the U.S. Election Assistance Commission (EAC).53 This form, and the NVRA that set voter registration requirements, have been the subject of major controversy.
In 2004, Arizona passed Proposition 200, requiring voters to provide proof of citizenship to register to vote.54 In 2013, the U.S. Supreme Court ruled that Arizona could not preempt NVRA and add proof of citizenship as a requirement to register to vote in federal elections.55-56 Would-be voters, then, are just checking a box. Most states use this form for federal and state voter registration. Arizona is the only state that verifies citizenship when people register to vote in a state election.57
Lax state voter registration heightens this issue. Automatic voter registration, for example, registers individuals when they apply for a driver’s license.58 Since most states issue driver’s licenses to non-citizens, and some issue them to illegal aliens, there is concern that non-citizens are being automatically registered to vote when they are issued a license.59 Security measures should be taken at the state level to ensure this does not happen.60 This loophole must be closed. In Ohio, Governor Mike DeWine signed into law a requirement that adds a non-citizen notation to state IDs given to non-citizens, thus protecting citizen-only voting.61
At the federal level, Congress should require that states obtain documentary proof of citizenship when registering people to vote.
The enforcement vacuum for voter registration imperils the election process. Congress must require that states obtain documentary proof of citizenship when registering people to vote in federal elections. The Safeguard American Voter Eligibility Act (SAVE Act), introduced in May 2024, does just this.62 The bill takes a commonsense approach to add an enforcement mechanism to voter registration. Unfortunately, House Democrats sided with non-citizens and against American citizens by voting against it.
Lack of enforcement has always been an issue. But the magnitude of today’s open border crisis makes it more troubling.
Mechanically, the EAC would need to change the federal voter registration form. This would allow states to use one voter registration form for both state and federal elections. Without it, states have the option to create a bifurcated system as Arizona did, where proof of citizenship is required for state elections, but not federal elections. Congress should require proof of citizenship when registering to vote to protect both state and federal elections and ease the process for both states and voters.
The Bottom Line: States must take swift action to ensure that only U.S. citizens may vote in state and local elections. At the federal level, Congress must require proof of citizenship when registering to vote.
The Left denies non-citizen voting exists yet opposes commonsense efforts to protect our elections. Allowing non-citizens to vote is not the path of higher morality. Citizenship matters. It makes sense that the same people who dissolved the border want to dissolve meaningful citizenship.
Allowing non-citizens to vote is a vehicle to feed the leftist machine. Americans must have faith in the election system and confidence that their vote will count. Non-citizen voting dissolves that faith and dilutes the votes of Americans. It erases any distinction between citizens and non-citizens. Perhaps this is the point. But being an American citizen is a rich and special honor that states must safeguard. Ensuring that only citizens may vote requires small, commonsense adjustments. But the implications would be profound.
REFERENCES
1. Tarren Bragdon, “Biden’s secret weapon for November: Using federal agencies to ‘get out the vote’ for him,” New York Post (2024), https://nypost.com/2024/04/28/opinion/bidens-secret-weapon-for-november-using-federal-agencies-to-get-out-the-vote-for-hi.
2. Public Law 104—208, 104th Congress (1996), https://www.govinfo.gov/content/pkg/PLAW-104publ208/pdf/PLAW-104publ208.pdf.
3. Press Release, “Proclamation on the termination of emergency with respect to the southern border of the united states and redirection of funds diverted to border wall construction,” The White House (2021), https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/proclamation-termination-of-emergency-with-respect-to-southern-border-of-united-states-and-redirection-of-funds-diverted-to-border-wall-construction.
4. Press Release, “Executive order on ensuring a lawful and accurate enumeration and apportionment pursuant to the decennial census,” The White House (2021), https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-ensuring-a-lawful-and-accurate-enumeration-and-apportionment-pursuant-to-decennial-census.
5. Press Release, “DHS Statement on the Suspension of New Enrollments in the Migrant Protection Protocols Program,” Department of Homeland Security (2021), https://www.dhs.gov/news/2021/01/20/dhs-statement-suspension-new-enrollments-migrant-protection-protocols-program.
6. The White House, “Executive order on promoting access to Voting,” The White House (2021), https://www.whitehouse.gov/briefing-room/presidential-actions/2021/03/07/executive-order-on-promoting-access-to-voting.
7. Tarren Bragdon and Stewart Whitson, “States must guard against unlawful federal election guidance,” The Washington Times (2022), https://www.washingtontimes.com/news/2022/mar/1/states-must-guard-against-unlawful-federal-electio.
8. Tarren Bragdon, “Biden’s secret weapon for November: Using federal agencies to ‘get out the vote’ for him,” New York Post (2024), https://nypost.com/2024/04/28/opinion/bidens-secret-weapon-for-november-using-federal-agencies-to-get-out-the-vote-for-hi.
9. Stewart Whitson, “Federal bureaucracy helping Biden’s reelection campaign,” The Washington Times (2024), https://www.washingtontimes.com/news/2024/may/9/federal-bureaucracy-helping-bidens-reelection-camp.
10. Rachel Dobkin and Kaitlin Lewis, “Full list of Democrats who voted for GOP voter ID bill,” Newsweek (2024), https://www.newsweek.com/house-vote-safeguard-american-voter-eligibility-save-act-passed-1923392.
11. Josh Christenson, “How non-citizens are getting voter registration forms across the US — And how Republicans are trying to stop it,” New York Post (2024), https://nypost.com/2024/06/14/us-news/how-non-citizens-are-getting-voter-registration-forms-across-the-us-and-how-republicans-are-trying-to-stop-it.
12. Sam Adolphsen, “Biden pushes welfare for illegals,” Association of Mature American Citizens (2024), https://amac.us/newsline/economy/biden-pushes-welfare-for-illegals.
13. 42 CFR 435.956, https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-J/subject-group-ECFRc649656b2ed45a8/section-435.956.
14. U.S. Department of Justice, “The National Voter Registration Act of 1993 (NVRA),” U.S. Department of Justice, https://www.justice.gov/crt/national-voter-registration-act-1993-nvra.
15. Tarren Bragdon, “Biden’s secret weapon for November: Using federal agencies to ‘get out the vote’ for him,” New York Post (2024), https://nypost.com/2024/04/28/opinion/bidens-secret-weapon-for-november-using-federal-agencies-to-get-out-the-vote-for-hi.
16. Homeland Security Committee, “Startling stats factsheet: Biden administration on track to reach 10 million encounters nationwide before end of fiscal year,” Homeland Security Committee (2024), https://homeland.house.gov/2024/05/22/startling-stats-factsheet-biden-administration-on-track-to-reach-10-million-encounters-nationwide-before-end-of-fiscal-year.
17. Bethany Blankley, “More than 11 million have illegally entered U.S. since fiscal 2021,” The Center Square (2024), https://www.thecentersquare.com/national/article_a244a0be-ea07-11ee-b142-87b6af2616fe.html.
18. Mohammad M. Fazel-Zarandi et al, The number of undocumented immigrants in the United States: Estimates based on demographic modeling with data from 1990 to 2016,” PLOS (2018), https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0201193.
19. Congressman Bobby Scott, “With House set to vote on SAVE Act, CAPAC leaders denounce measure to disenfranchise Americans,” Congressman Bobby Scott (2024), https://bobbyscott.house.gov/media-center/press-releases/house-set-vote-save-act-capac-leaders-denounce-measure-disenfranchise.
20. See Liesel Crocker, “Why states should ban universal basic income schemes,” Foundation for Government Accountability (2024), https://thefga.org/research/why-states-should-ban-universal-basic-income-schemes.
21. ABC7 New York, “NYC Council passes bill giving voting rights to non-citizens,” ABC7 New York (2021), https://abc7ny.com/nyc-voting-rights-immigrant-non-citizens/11315191.
22. Jeff Coltin, “NYC’s non-citizen voting law ruled unconstitutional on appeal,” Politico (2024), https://www.politico.com/news/2024/02/21/nyc-non-citizen-voting-law-unconstitutional-00142525#:~:text=NEW%20YORK%20%E2%80%94%20A%20state%20appeals,who%20sued%20to%20block%20it.
23. Ibid.
24. United States District Court for the District of Columbia, “Stacia Hall, et al, v. District of Columbia Board of Election,” GovInfo (2024), https://www.govinfo.gov/content/pkg/USCOURTS-dcd-1_23-cv-01261/pdf/USCOURTS-dcd-1_23-cv-01261-0.pdf.
25. Congress.gov, “H.J.Res.24 – Disapproving the action of the District of Columbia Council in approving the Local Resident Voting Rights Amendment Act of 2022,” Congress.gov (2023), https://www.democracydocket.com/wp-content/uploads/2023/02/HJRes24.pdf.
26. United States District Court for the District of Columbia, “Stacia Hall, et al, v. District of Columbia Board of Election,” GovInfo (2024), https://www.govinfo.gov/content/pkg/USCOURTS-dcd-1_23-cv-01261/pdf/USCOURTS-dcd-1_23-cv-01261-0.pdf.
27. Theresa Vargas, “Meet the first noncitizen to hold public office in the District,” The Washington Post (2023), https://www.washingtonpost.com/dc-md-va/2023/12/16/first-noncitizen-hold-office-dc.
28. City and County of San Francisco, “Non-citizen voting rights in local Board of Education elections,” City and County of San Francisco (2024), https://www.sf.gov/non-citizen-voting-rights-local-board-education-elections.
29. Illinois General Assembly, “Full text of SB1345,” Illinois General Assembly (2023), https://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=112&GA=103&DocTypeId=SB&DocNum=1345&GAID=17&LegID=145645&SpecSess=&Session=.
30. City of Takoma Park, “30 years of non-citizen voting in Takoma Park,” City of Takoma Park (2023), https://takomaparkmd.gov/newsletter/30-years-of-non-citizen-voting-in-takoma-park.
31. Associated Press News, “3rd Vermont city allows noncitizen voting in local elections after Legislature overrides veto,” Associated Press News (2023), https://apnews.com/article/noncitizen-voting-local-elections-vermont-burlington-c9d34eb3d8faf3c8962da3956e1b1902#.
32. Adam Shaw, “Washington DC law allowing noncitizens to vote in elections challenged by lawsuit,” Fox News (2023), https://www.foxnews.com/politics/washington-dc-law-allowing-noncitizens-vote-elections-challenged-lawsuit.
33. Alabama Fair Ballot Commission, “Virtual meeting,” Alabama Fair Ballot Commission (2020), https://www.sos.alabama.gov/sites/default/files/2021-10/AlabamaFairBallotCommission-2020-07-23-Minutes.pdf.
34. State of Arizona, “Senate concurrent resolution 1010,” State of Arizona (2024), https://www.azleg.gov/legtext/56leg/2R/bills/SCR1010S.pdf.
35. Colorado General Assembly, “Amendment 76: Citizenship Qualification of Voters,” Colorado General Assembly (2020), https://leg.colorado.gov/sites/default/files/images/lcs/2019-2020_76v4.pdf.
36. Florida Division of Elections, “Citizenship requirement to vote in Florida elections,” Florida Division of Elections (2020), https://dos.elections.myflorida.com/initiatives/initdetail.asp?account=73911&seqnum=1.
37. Louisiana State Legislature, “HB 178,” Louisiana State Legislature (2023), https://www.legis.la.gov/Legis/BillInfo.aspx?i=241747.
38. North Dakota Secretary of State, “Initiative petition to the Secretary of State, State of North Dakota,” North Dakota Secretary of State (2018), https://vip.sos.nd.gov/pdfs/Measures%20Info/Petitions%20Being%20Circulated/Qualified%20Elector%20Petition.pdf.
39. North Dakota Secretary of State, “Official ballot language for measures appearing on the election ballot November 6, 2018,” North Dakota Secretary of State (2018), https://vip.sos.nd.gov/pdfs/Measures%20Info/2018%20General/18GND%20Measure%20Ballot%20Text.pdf.
40. Ohio General Assembly, “H.J.R. No.4,” Ohio General Assembly (2022), https://search-prod.lis.state.oh.us/solarapi/v1/general_assembly_134/resolutions/hjr4/PH/02/hjr4_02_PH?format=pdf.
41. Ballotpedia, “Laws permitting noncitizens to vote in the United States,” Ballotpedia (2024), https://ballotpedia.org/Laws_permitting_noncitizens_to_vote_in_the_United_States#Ballot_measures_on_noncitizen_voting.
42. Michael Greibrok and Kristi Stahr, “The great exit: Why states are leaving politically driven ERIC and why more states should follow,” Foundation for Government Accountability (2023), https://thefga.org/research/states-can-protect-elections-leaving-eric-maintaining-voter-rolls.
43. Trevor Carlsen, “Five election integrity reforms states can enact to restore trust in election administration,” Foundation for Government Accountability (2022), https://thefga.org/briefs/five-reforms-restore-trust-election-administration.
44. Electoral Process Education Corp, “VA records show non-citizens voting,” Electoral Process Education Corp., https://epec.info/2024/03/22/va-records-show-non-citizens-voting.
45. Nick Balenger, “Alabama Secretary of State finds over 3,000 non-citizens registered to vote,” WAFF48 (2024), https://www.waff.com/2024/08/14/al-secretary-state-finds-over-3000-non-citizens-registered-vote.
46. Bente Birkeland, “Colorado accidentally sent voter registration notices to 30,000 residents who are not citizens,” CPR News (2022), https://www.cpr.org/2022/10/07/colorado-voter-registration-notices-non-citizens.
47. James Anderson, “Colorado: 30,000 noncitizens got vote registration mailer,” Associated Press News (2022), https://apnews.com/article/elections-colorado-voting-presidential-voter-registration-440a78fff21bfb75d413c69b0c0f3c61?taid=63446cc38a4e5d00014e8968&utm_campaign=TrueAnthem&utm_medium=AP&utm_source=Twitter.
48. Tribeca Enterprises, “The courtroom,” Tribeca Enterprises (2022), https://tribecafilm.com/films/courtroom-2022.
49. Arizona Secretary of State, “2024 candidate info,” Arizona Secretary of State (2024), https://azsos.gov/elections/voters.
50. Mi Familia Vota v. Fontes, No. 2:22-cv-00509-SRB.
51. SCOTUSblog, Republican National Committee v. Mi Familia Vota,” SCOTUSblog (2024), https://www.scotusblog.com/case-files/cases/republican-national-committee-v-mi-familia-vota.
52. Ibid.
53. Civil Rights Division, “The National Voter Registration Act of 1993 (NVRA),” U.S. Department of Justice, https://www.justice.gov/crt/national-voter-registration-act-1993-nvra.
54. Ballotpedia, “Arizona Proposition 200, voter ID, citizenship proof for voter registration, and immigration status verification for public benefits initiative (2004),” Ballotpedia (2004), https://ballotpedia.org/Arizona_Proposition_200,_Voter_ID,_Citizenship_Proof_for_Voter_Registration,_and_Immigration_Status_Verification_for_Public_Benefits_Initiative_(2004).
55. SCOTUSblog, “Arizona v. The Inter Tribal Council of Arizona, Inc.,” SCOTUSblog (2013), https://www.scotusblog.com/case-files/cases/arizona-v-the-inter-tribal-council-of-arizona-inc.
56. Congress.gov, “H.R.2 – National Voter Registration Act of 1993,” Congress.gov (1993), https://www.congress.gov/bill/103rd-congress/house-bill/2/text.
57. Arizona Secretary of State, “2024 candidate info,” Arizona Secretary of State (2024), https://azsos.gov/elections/voters.
58. National Conference of State Legislatures, “Automatic voter registration,” National Conference of State Legislatures (2024), https://www.ncsl.org/elections-and-campaigns/automatic-voter-registration.
59. National Conference of State Legislatures, “States offering driver’s licenses to immigrants,” National Conference of State Legislatures (2023), https://www.ncsl.org/immigration/states-offering-drivers-licenses-to-immigrants#:~:text=Nineteen%20states%20and%20the%20District,immigrants%20to%20obtain%20driver’s%20licenses.
60. National Conference of State Legislatures, “States offering driver’s licenses to immigrants,” National Conference of State Legislatures (2023), https://www.ncsl.org/immigration/states-offering-drivers-licenses-to-immigrants#:~:text=Nineteen%20states%20and%20the%20District,immigrants%20to%20obtain%20driver’s%20licenses.
61. The Ohio Legislature, “House Bill 458 Status,” The Ohio Legislature (2023), https://www.legislature.ohio.gov/legislation/134/hb458/status.
62. Congress.gov, “H.R.8281 – Safeguard American Voter Eligibility Act,” Congress.gov (2024), https://www.congress.gov/bill/118th-congress/house-bill/8281.
