Noncitizen illegal voting is rare, but Republicans are highlighting it this election.

This fall’s election for president and other key positions is set to take place with only U.S. citizens eligible to vote. However, the matter of noncitizens potentially registering or participating in these elections has garnered significant attention in recent months.

Republican leaders, in light of increased immigration at the U.S.-Mexico border, have voiced strong concerns regarding the possibility of noncitizen voting. Despite the rarity of such occurrences, many states have taken action to mitigate perceived risks. This includes thorough reviews of voter registration lists, issuing executive orders, and proposing constitutional amendments aimed at ensuring noncitizens do not vote.

Critics, including some Democrats, argue that these measures may impose unnecessary barriers for lawful voters, inflating the significance of noncitizen voting issues. They contend that the steps being implemented are more about political strategy than actual necessity.

According to a federal law enacted in 1996, it is illegal for noncitizens to cast votes in elections for president and members of Congress. Individuals found in violation of this law can face fines, imprisonment, or even deportation.

When registering to vote, individuals affirm under penalty of perjury that they are indeed U.S. citizens. Federal mandates require states to regularly update their voter rolls, which should help identify anyone ineligible, including undocumented immigrants. No state constitutions specifically allow noncitizens to participate in voting, and many states have laws that explicitly limit voting in state elections to U.S. citizens.

Nonetheless, there are several municipalities, particularly in California, Maryland, Vermont, and the District of Columbia, that permit noncitizens to vote in certain local elections, such as school board and city council elections.

Data shows noncitizen voting is quite infrequent. However, Republican officials have pointed to certain voter registration reviews that suggest the existence of potential noncitizens on the rolls. For instance, Texas Governor Greg Abbott reported that over 6,500 possible noncitizens have been removed from the state’s voter rolls since 2021, including 1,930 individuals who had a history of voting and were referred for investigation.

Ohio Secretary of State Frank LaRose echoed similar sentiments, noting that 138 possible noncitizens were referred for prosecution due to voting irregularities in a recent election, along with another 459 who registered but did not cast ballots. While these numbers are higher than in previous years, they nevertheless represent a small fraction of the state’s over 8 million registered voters.

In Alabama, Secretary of State Wes Allen announced that 3,251 individuals classified as noncitizens by the federal government are being switched to inactive status on the voter registration rolls. These individuals will need to provide proof of citizenship to vote in November’s elections.

Georgia’s Secretary of State, Brad Raffensperger, reported that 1,634 potential noncitizens attempted to register to vote between 1997 and 2022; however, election officials flagged these attempts, preventing any from being registered.

Election administration experts suggest that the efforts to review voter rolls are effectively identifying noncitizen voters, shining a light on current procedures related to voter registration.

Arizona serves as a notable example of ongoing Republican efforts to restrict noncitizen voting. A voter-approved initiative in 2004 mandated proof of citizenship for federal voter registration, yet in 2013, the U.S. Supreme Court ruled that such requirements could not be enforced for federal elections.

Consequently, Arizona created two classes of voters. Voters registering for state and local elections must provide proof of citizenship, while those registering for federal elections are exempt from this requirement. As the litigation surrounding this issue persists, an August Supreme Court order allows Arizona counties to reject voter registration forms lacking documentary proof of citizenship.

This November, Republican-led legislatures in eight states will see constitutional amendments on the ballot that state that only U.S. citizens can vote. Proposals in Iowa, Missouri, North Carolina, Oklahoma, South Carolina, and Wisconsin aim to amend existing constitutional language. In Idaho and Kentucky, the amendments would explicitly prohibit anyone who is not a U.S. citizen from voting.

In Louisiana, despite the constitution already prohibiting noncitizen voting, Governor Jeff Landry has signed an executive order that mandates state agencies providing voter registration forms to include a notice that noncitizens are forbidden from voting. Similarly, Raffensperger in Georgia has required each polling station to post warnings that noncitizen voting is illegal.

In Congress, the Republican party is advocating for the Safeguard American Voter Eligibility Act, which would necessitate proof of citizenship for voter registration. House Speaker Mike Johnson articulated concerns regarding noncitizen voting without providing specific examples, emphasizing that illegal voting is an issue that typically goes unaddressed.

The legislation has passed the Republican-controlled House but faces opposition in the Democratic-led Senate, with the Biden administration arguing that current laws against noncitizen voting are effective.

In conclusion, as the upcoming elections approach, debates concerning noncitizen voting remain prevalent, with differing perspectives on the necessity and impact of measures aimed at preventing it.

Source: Associated Press