Recent scrutiny of noncitizen voting in the United States has unveiled a startling truth: allegations of widespread voting by noncitizens are largely unfounded. A comprehensive review of election data reveals that noncitizen participation in federal and state elections is exceedingly rare, contradicting claims that “millions” of noncitizens are influencing U.S. elections.
Since 1924, all states have prohibited noncitizens from voting in federal elections. In 1996, Congress reinforced these prohibitions by introducing criminal penalties, with noncitizens facing up to five years in federal prison for registering or voting illegally. Despite this stringent legal framework, evidence supporting claims of noncitizen voting remains negligible.
A Heritage Foundation database identified only 23 cases of noncitizen voting between 2003 and 2022. According to a Brennan Center for Justice study of the 2016 election, suspected noncitizen votes accounted for a mere 0.0001% of the 23.5 million votes cast across 42 jurisdictions. Notably, 40 of those jurisdictions reported no incidents of noncitizen voting whatsoever.
Audits by state election officials and research from both nonpartisan and conservative organizations corroborate the rarity of voter fraud committed by noncitizens. For instance, a 2022 investigation in Georgia revealed 1,634 cases of noncitizens attempting to register over a span of 25 years. However, all these attempts were thwarted as individuals were required to prove their citizenship status before being allowed to register.
In the U.S., the voter registration process mandates that applicants affirm their citizenship under penalty of perjury. Most states utilize standardized voter registration forms, and many residents are automatically registered when applying for a driver’s license. While this can occasionally lead to noncitizens being mistakenly registered, states consistently audit their voter rolls to remove ineligible individuals. These audits often highlight that the majority of those purged from the rolls are U.S. citizens, leading to calls for more precise verification processes.
Voting rights advocates are raising concerns over proposed legislation, such as the SAVE Act, which seeks to enforce stricter citizenship verification methods. Many citizens may lack immediate access to vital documentation like birth certificates or passports, potentially disenfranchising eligible voters.
While no state permits noncitizens to vote in federal or statewide elections, at least 16 jurisdictions allow noncitizen voting in certain local elections, such as school board or city council votes. Participation in these local elections by noncitizens remains limited.
As the debate around noncitizen voting continues, it is crucial to base discussions on factual evidence rather than conjecture. With stringent laws already in place, the focus should be on ensuring that all eligible voters can participate in the democratic process without unnecessary barriers.
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