Who is Allowed to Vote in the U.S.?
Under the U.S. Constitution, every U.S. citizen has the right to vote and participate in the democratic process. There are a few limited exceptions to this rule, but they are rare. Foreign born immigrants may also be allowed to act in their self-interests and exercise their right to vote, but not until they become U.S. citizens. So what does this mean for non-citizens? Let’s start with the basics: Who is Eligible to Vote in the U.S.? There are a few requirements you must meet in order to be eligible to vote in U.S. federal, state, and local elections. Those requirements include: Be a U.S. citizen Meet your state’s residency requirements Be 18 years or older (on or before Election Day) Be registered to vote in your state There are some exceptions to these requirements. For example, North Dakota does not require voter registration. Also, some states allow non-citizens and individuals 16 or 17 years old to vote in local elections only. With that being said, let’s take a look into non-citizens and voting. Non-citizens and Voting Only U.S. citizens - born citizens, later acquired citizens, or naturalized citizens - are eligible to vote in any U.S. federal, state, and most local elections. Non-citizens, including permanent residents (Green Card holders) are not eligible to vote in any federal, state, nor local elections. In fact, the Illegal Immigration Reform and Immigration Responsibility Act of 1996 made it a criminal offense to vote in a federal election. Non-citizens often face removal charges, have their immigration benefits denied or revoked, and unfortunately are sometimes permanently barred from being able to get certain immigration benefits. How Can Non-citizens Protect Themselves? Although rare, there can be mistaken scenarios where a non-citizen has been registered to vote or voted in a federal or state election. Of course, non-citizens are usually always informed that they are not eligible to vote, but some may not be aware of accidental scenarios that can put their naturalization at risk. If a non-citizen has been registered to vote, it might be because of an error made by someone at the state or local motor vehicles department. This can happen when the person doing the registering does not know the laws regarding voting, has not been correctly trained, and did not ask appropriate questions. There are instances where non-citizens go to the DMV to get their driver’s license (a right that they have) and the employees at the DMV offer them to register to vote. This accidental question can turn into a big problem if the non-citizens says “yes,” and the DMV employee registers them to vote, as it also means that the non-citizen is claiming to be a U.S. citizen-which they are not.Fortunately, USCIS recently updated its policy to ignore registering to vote at motor vehicle departments if the immigrant could prove that voter registry was no fault of their own. It is important to be aware of certain rights that do not apply to non-citizens. By understanding that non-citizens do not have the right to vote in U.S. federal, state, and most local elections, one can avoid getting into trouble that puts their path towards citizenship at risk.
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