Can I vote if I am not a citizen? (2024)

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Note: This article is not intended to serve as legal advice as to an individual's eligibility to vote. Individuals should contact their state or local election agency for further information.

In 1996, the U.S. Congress passed a law prohibiting noncitizens from voting in federal elections, including elections for the U.S. House, U.S. Senate, and presidential elections. This law does not apply to elections for state and local offices.

As of 2024, the District of Columbia and municipalities in three states allowed noncitizens to vote in certain local elections. No state allowed noncitizens to vote in statewide elections.

For more information on this topic, click here.

Noncitizen voting in the United States

As of 2024, the District of Columbia and municipalities in California, Maryland, and Vermont allowed noncitizens to vote in some or all local elections. Details about each municipality are listed below.

California

• Oakland: In 2022, voters in Oakland approved a charter amendment that read, "Shall the measure to amend the City Charter to allow the City Council by adopting an ordinance, to authorize voting by noncitizen residents, who are the parents, legal guardians, or legally recognized caregivers of a child, for the Office of Oakland School Board Director if they are otherwise eligible to vote under state and local law be adopted?" The amendment was approved with 67% support. Click here to learn more. The law took effect in 2023.
• San Francisco: In 2016, voters in San Francisco passed a charter amendment called Proposition N with 54% support. The amendment read, "Shall the City allow a non-citizen resident of San Francisco who is of legal voting age and the parent, legal guardian or legally recognized caregiver of a child living in the San Francisco Unified School District to vote for members of the Board of Education?" The law took effect in 2018. San Francisco Superior Court Judge Richard B. Ulmer, Jr. struck down Proposition N in July 2022, stating that the law violated the state Constitution. Ulmer ruled that "the [California] Constitution ... reserves the right to vote to a United States citizen, contrary to (the) San Francisco ordinance." To read the full ruling, click here. A California Court of Appeal overturned Ulmer's ruling a few months later, arguing that Prop N was in fact permissible under the state constitution and the City Charter. According to the city of San Francisco's website, "On August 8, 2023, a California Court of Appeal upheld San Francisco’s non-citizen voting program. The decision permits non-citizen parents of children residing in San Francisco to continue to vote in San Francisco Board of Education Elections."

District of Columbia

The District of Columbia Council passed the D.C. Noncitizen Vote Act in October 2022, allowing noncitizens to vote in local elections. Due to the District's non-state status, all of its legislation must be reviewed by Congress prior to adoption. The D.C. Noncitizen Vote Act overcame bipartisan opposition in the U.S. House of Representatives and passed its congressional review in March 2023.

Advocates of the law argued that noncitizens have an interest in schools, public safety and other issues, and should therefore be allowed to weigh in on public policy decisions. Opponents argued that noncitizens do not have a fundamental right to vote or hold public office in the U.S. and that the legislation dilutes the voting power of U.S. citizens.

In March 2023, a group of seven D.C. voters filed a lawsuit in D.C. Superior Court seeking an injunction to prevent the law from being enforced. The case was moved to the U.S. District Court for the District of Columbia.

On March 20, 2024, the court dismissed the challenge. In its opinion, the court held that the plaintiffs "votes will not receive less weight or be treated differently than noncitizens’ votes; they are not losing representation in any legislative body; nor have citizens as a group been discriminatorily gerrymandered, ‘packed,’ or ‘cracked’ to divide, concentrate, or devalue their votes."

Maryland

Maryland's state constitution specifies that "every citizen of the United States, of the age of 18 years or upwards, who is a resident of the State as of the time for the closing of registration next preceding the election, shall be entitled to vote in the ward or election district in which the citizen resides at all elections to be held in this State." The state constitution gives municipalities the authority to allow people outside those qualifications to vote without requiring state approval of such changes.

The following Maryland municipalities allow noncitizens to vote in local elections as of June 2024:

• Barnesville: The Barnesville town charter defines qualified voters as "having resided therein for six months previous to any town election and being eighteen years of age."

• Cheverly: Any person over the age of 18 who has been a resident of Cheverly for at least 30 days at the time of the election and has not been convicted of a crime is eligible to register to vote in town elections.

• Chevy Chase Section 3: The charter of Chevy Chase Section 3 reads, "'Qualified Voter' shall mean any person who is a resident of Chevy Chase Section 3, without regard to citizenship, and is at least eighteen (18) years of age."

• Garrett Park: The Garrett Park town charter reads, "The town manager shall provide for the registration of voters in a flexible and available manner in order to encourage registration and voting, consistent with the policies adopted by ordinance and the rules and procedures specified by the election judges. Qualified persons may register by universal registration with either Montgomery County or the town, or may register only with the town, including residents who are not citizens of the United States, up to and including election day."

• Glen Echo: Glen Echo's town charter says the following: "Any person who is not a United States citizen, and (a) is a resident of the Town of Glen Echo, (b) is a lawful resident of the United States, and (c) except for the United States citizenship requirement, meets the voter qualifications provided in Section 501(a) may register to vote in Town elections."

• Hyattsville: The Hyattsville town website states, "Hyattsville residents who are not U.S. citizens, or do not wish to register with the State, may use the Hyattsville City Voter Registration Form."

• Martin’s Additions: The Martin's Additions town charter says, "'Qualified Voter' is any person who owns property or any resident of Martin's Additions who is eighteen (18) years of age or over."

• Mount Rainier: Mount Rainier's city charter states that any person who has been a city resident for 30 days or more at the time of a local election, is at least 18 years old, has not been convicted of a felony offense or of buying and selling votes, and is not under mental guardianship may register to vote.

• Riverdale Park: Riverdale Park's town charter states, "(a) Every resident of the town who (1) has the Town of Riverdale Park as his or her primary residence, (2) is at least sixteen (16) years of age, (3) has resided within the corporate limits of the town for at least forty-five (45) days immediately preceding any nonrunoff town election, (4) does not claim the right to vote elsewhere in the United States, (5) has not been found by a court to be unable to communicate a desire to vote, and (6) is registered to vote in accordance with the provisions of § 503 of this charter shall be a qualified voter of the Town."

• Somerset: The Somerset town charter says, "Every person who (1) is at least eighteen years of age, (2) has resided within the corporate limits of the town for fourteen days next preceding any election, and (3) is registered in accordance with the provisions of this Charter, shall be a qualified voter of the town. Every qualified voter of the town shall be entitled to vote at any or all town elections."

• Takoma Park: The Takoma Park city website states, "City residents who are not citizens of the United States can register to vote in Takoma Park elections by completing the Takoma Park Voter Registration Application."

Vermont

The following Vermont municipalities allow noncitizens to vote in local elections as of June 2024:

• Burlington: On March 9, 2023, the city of Burlington approved a charter amendment extending the right to vote to its noncitizen residents. Although Governor Phil Scott vetoed the legislation, both chambers of the state legislature voted to override that veto on June 30. The law took immediate effect.

• Montpelier: On June 24, 2021, H177 was enacted into law, approving a Montpelier city charter amendment authorizing legal residents to vote in city elections. Although Governor Phil Scott (R) vetoed the legislation, both chambers of the state legislature voted to override that veto. The law took immediate effect.

• Winooski: On June 24, 2021, H 227 was enacted into law, approving a Winooski city charter amendment authorizing legal residents to vote in city and school district elections. Although Governor Phil Scott vetoed the legislation, both chambers of the state legislature voted to override that veto. The law took immediate effect.

Federal law on voting and citizenship

Federal law states that it is unlawful for a noncitizen to vote in federal elections and establishes the punishment of a fine, one year in prison, or both for violation of the law. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 states the following:

“

(a) It shall be unlawful for any alien to vote in any election held solely or in part for the purpose of electing a candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, unless— (1) the election is held partly for some other purpose; (2) aliens are authorized to vote for such other purpose under a State constitution or statute or a local ordinance; and (3) voting for such other purpose is conducted independently of voting for a candidate for such Federal offices, in such a manner that an alien has the opportunity to vote for such other purpose, but not an opportunity to vote for a candidate for any one or more of such Federal offices. (b) Any person who violates this section shall be fined under this title, imprisoned not more than one year, or both.

”

The law includes the following exceptions:

“

(c) Subsection (a) does not apply to an alien if— (1) each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization); (2) the alien permanently resided in the United States prior to attaining the age of 16; and (3) the alien reasonably believed at the time of voting in violation of such subsection that he or she was a citizen of the United States.

”

Federal law also states that noncitizens who violate the law are inadmissible (ineligible to receive visas and ineligible to be admitted to the U.S.) and deportable.

See also

• Voting in 2024
• Who can I contact with questions about voting?
• Who runs elections in the United States?
• Why do states have different election rules?
• Can I register to vote online?
• Does my state have same-day voter registration?
• Do I need voter ID?
• Do I have to vote for everything on my ballot?
• What happens if I mark outside the lines or use the wrong pen/pencil?
• Is my employer required to grant me time off to vote?
• Can I vote if I have a felony conviction?
• Can I vote if I am not a citizen?
• How are candidates ordered on the ballot?
• What is a provisional ballot?
• What does it mean to challenge a voter's eligibility, and who can do it?
• How can I learn more about how my jurisdiction administers elections?