Recent headlines from some news outlets and statements from government officials sounded the alarms on ‘noncitizen voting’ in the 2024 presidential election. This activity has caused confusion and increased the fear that noncitizens immigrants are voting illegally in US elections.
Some elected politicians are promoting The Safeguard American Voter Eligibility (SAVE) Act to prevent noncitizens from voting. They are arguing that legislation is necessary to protect the sanctity of the vote as the country faces unprecedented levels of illegal immigration at the U.S.- Mexico border.
Let’s clarify the facts right here.
Understanding Who Can Vote in the U.S.
According to USA.gov, the rule is straightforward: only U.S. citizens, including natural-born citizens, naturalized citizens, and citizens residing abroad, have the right to vote in federal and state elections. It is a federal crime for noncitizens to vote in state and federal elections.
WARNING:
Unlawfully voting in a federal, state, or local election can negatively impact your ability to get a green card or become a US citizen. Unlawful voting is also grounds for removal from the United States.
Details Noncitizen Voting Rights
It is important to note that these laws are unique across the country and can differ significantly from one place to another. Only a small number of states and municipalities have enacted laws that allow noncitizens to vote in specific local elections. For instance, certain jurisdictions enable noncitizens to vote in school board elections or other municipal matters.
As of May 2024, the District of Columbia and municipalities in California, Maryland, and Vermont allow noncitizens to vote in some or all local elections. Ballotpedia outlines the states and localities that have passed such provisions and provides details about each municipality.
Why All the Hype?
Recently, Speaker of the House Mike Johnson (R-LA) introduced The Safeguard American Voter Eligibility (SAVE) Act with the purpose of preventing noncitizens from unlawfully voting in elections including the next presidential election. The proposed Act states that anyone registering to vote in U.S. elections must first provide proof of citizenship. This would be an amendment to the 1993 Voter Registration Act, which mandates people fill out a form swearing they are U.S. citizens but does not require documentation.
If passed, voters will need to prove their citizenship with official documentation, the most common being a US passport, birth certificate, or naturalization certificate. If the bill passes and is enacted, states will have 30 days to implement the new voting registration requirements.
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