Who Can and Can't Vote in U.S. Elections
Kunr public radio | by Factchequeado
Published February 2, 2024
Factchequeado
If you only have a few seconds, read these lines:
In the United States, U.S. citizens who are 18 years of age or older, and who meet the residency and registration requirements set by each state, are eligible to vote in federal elections.
However, immigrants without documentation and even those with permanent residency (Green Cards) cannot vote in presidential or congressional elections because they are not citizens.
In some states, individuals who are incarcerated or those with certain mental limitations may be excluded from the voting process. Additionally, U.S citizens living in Puerto Rico and other territories cannot vote in the general election.
Federal law provides that only U.S. Citizens 18 years of age or older may vote in federal elections. Immigrant non-citizens cannot vote in presidential or congressional elections. Those with permanent residency (Green Card) are also ineligible to participate.
In Factchequeado we explain in more detail who is and who is not eligible to vote.
Who is eligible to vote in the United States?
There are four primary requirements to be eligible to vote:
U.S. Citizenship: You must be a natural born or naturalized U.S Citizen to vote in presidential for congressional elections. In some local elections, non-citizen immigrants may be eligible to vote.
Age: You must be 18 years of age or older on Election Day. In most states you can register or even participate in presidential caucuses if you turn 18 by the day of the general election.
Residency: You must meet the residency requirements set by your state. Whether you are unsheltered or permanently housed, and who meet certain criteria.
Registration: You must meet the voter registration deadlines established by each state.
Who is Not Eligible to Vote in the United States?
There are four groups of people who are not eligible to vote in the U.S.:
Permanent Residents (Green Card Holders): They cannot vote. Attempting to register for federal elections without being a citizen, and penalties can include denial of citizenship upon naturalization or deportation.
Convicted Felons: People convicted of certain felonies or those serving sentences for specific crimes may have their right to vote restricted. These rules vary by state (see this guide from the department of justice for more information).
Individuals with Certain Mental Disabilities: Depending on the state, some people with specific mental disabilities may have their right to vote restricted (see more information here).
U.S. Citizens in Territories: U.S citizens residing in Puerto Rico or other territories can participate in the caucus or primary process but cannot vote in the general election for president. (in this Factchequeado note we explain what a caucus is).
Source: usa.gov
Immigrants who are not citizens cannot vote in Federal Elections.
As we mentioned above, non-U.S. citizens who have voted in federal elections commit a crime that can have serious consequences. Since 1996, a law has penalized violators with fines, jail sentences of up to one year, or both.
However, research shows that it is not common for a non-citizen to vote. For example:
The Brennan Center for justice found that out of 23.5 million votes cast in 42 jurisdictions during the 2016 election, only 30 cases of potential non-citizens voting were reported for further investigation.
An audit done in 2022 by Georgia state authorities found that in 25 years (between 1997 and 2022) the number of noncitizens who attempted to register to vote did not exceed 1,700 cases, of which none managed to complete the registration process.
False allegations about migrant-non-citizen voters
Here are some examples of false claims related to non-citizen-immigrants supposedly voting in the U.S.:
In September 2023, after 472,000 migrants were announced as eligible for Temporary Protected Status (TPS), some media outlets falsely claimed that this immigration benefit granted the right to vote. TPS does not grant citizenship, and therefore its beneficiaries cannot vote.
During the 2018 midterm elections, then-president Donald Trump baselessly accused undocumented migrants of trying to vote.
In an attempt to delegitimize the 2020 election results, former president Donald Trump.
Some politicians promoted the “great replacement” conspiracy theory, which falsely suggests there’s a plot to replace the political and cultural power of the white population in the West with migrants from other ethnic backgrounds.
Non-Citizens Can Vote in Some Local Elections
In 1996, a law passed by the Congress prohibited non-citizens from voting in federal elections, but this rule does not apply to state or municipal elections.
As of June 2023, 17 cities in the United States allow non-citizens to vote in some or all local elections. These cities are in: California, Maryland, Vermont, and the District of Columbia.
However, non-citizens can only vote in certain municipal elections and cannot vote in federal elections or for statewide offices.“There are very few [states], and there are certain counties and municipalities that have given that permission to non-citizens to vote,” said Liz Lebrón, research director of Voto Latino, a civil organization that seeks to encourage Latino participation in the electoral process, told Factchequeado.
The original Spanish-language article can be found here.