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Fact check: Have non-citizens voted in recent Florida elections?
October 20, 2016
By Fact Check by Ballotpedia staff
In a recent Orlando Sentinel commentary, Michael T. Morley, an assistant professor at Barry University Law School, argued in favor of requiring proof of citizenship to register to vote. According to Morley, "In past years, reporters discovered that hundreds of non-citizens were not only included on the voter registration rolls, but had actually voted in past elections."[1]
Is Morley’s claim accurate?
Morley is correct that reporters, as well as the State of Florida, have discovered hundreds of non-citizens who were registered to vote in Florida — some of whom voted in past elections. However, the actual number of non-citizens who have voted could not be confirmed.
Non-citizens and voting in Florida
In early 2011, the Florida Department of State (DOS), in partnership with the Florida Department of Highway Safety and Motor Vehicles (DHSMV), began a Voter Eligibility Initiative to identify non-citizens listed on voter rolls.[2] The investigation found 2,625 registered voters who were possibly non-citizens. Lists were distributed in April 2012 to county supervisors of elections for verification.[3]
About 1,600 of the possible non-citizens identified by the state were thought to be residents of Miami-Dade County. Officials were unable to confirm the status of 1,100 of them. About 500 others were confirmed as citizens, and 13 were confirmed as non-citizens.[4]
In February 2012, an investigative report by local TV channel NBC2 claimed to have identified nearly 100 registered voters in Lee and Collier Counties as non-citizens, and reportedly confirmed that some of them voted in past elections.[5] A representative from the Collier County Supervisor of Elections office confirmed that 36 non-citizens were removed from the voter rolls in 2012.
Initially, the Florida Department of State sought access to the U.S. Department of Homeland Security's (DHS) Systematic Alien Verification for Entitlements (SAVE) database to verify citizenship status of suspected non-citizens. The DHS repeatedly denied these requests. In June 2012, the Florida DOS filed a lawsuit against the DHS for failure to meet its legal obligations to aid states with maintenance of voter records.[2][6][7][8] This action was met with a lawsuit against the state by the U.S. Department of Justice, claiming that the Voter Eligibility Initiative violated the National Voter Registration Act.[9] However, a federal judge upheld Florida’s right to remove non-citizens from voter rolls if and when they are identified. The judge also encouraged more cooperation between the state and the federal government. Thus, in July 2012, the Florida DOS received authorization to access the DHS SAVE database.[7]
Voting eligibility in Florida
To become a registered voter in Florida, you must be:
- a U.S. citizen;
- 18 years or older; and
- a legal Florida resident in the county where you intend to vote.
Voting in an election requires prior registration.[10] The Florida Voter Registration Application requires that individuals check a box confirming U.S. citizenship, and provide a Florida Driver License Number or a Florida Identification Card Number.[11] When voting, individuals must present a “valid picture identification with a signature.”[12] These requirements are common among many states.[13]
Florida law classifies false swearing of voter information or submission of false voter registration information as third degree felonies.[14] In November 2012, one non-citizen in Miami-Dade County was convicted of illegal voting. He was sentenced to five months in federal prison and possible deportation.[15][16]
Authority of Election Supervisors
County Supervisors of Elections are required to comply with voter registration and list maintenance procedures prescribed by the Voting Rights Act of 1965, the National Voter Registration Act of 1993, or the Help America Vote Act of 2002.[17]
Proper maintenance of the rolls includes maintaining valid addresses for voter verification purposes, conducting a biennial list maintenance program, and ensuring that any voter registration application is rejected if the applicant is not a U.S. citizen.[17][18][19]
A voter registration application may be accepted based on verification of a driver license number, Florida identification card number, or Social Security number.[20] However, citizenship is not required to obtain a driver license, identification card, or Social Security number.[21][22] Thus, citizenship is not affirmatively verified when an individual submits a voter registration application.
Supervisors of Elections may investigate the eligibility of a registrant if they receive information indicating that a violation may have occurred. Once the supervisor is notified, he or she must contact the individual to confirm his or her legal status. Based on the individual’s response, the supervisor may remove the individual from the voter registration rolls.[23]
Conclusion
In a recent newspaper commentary, attorney Michael T. Morley asserted that the media have identified hundreds of non-citizens who have been registered to vote and who have voted in past elections.[1]
This statement is true. The media and the Florida Department of State have identified hundreds of non-citizens who were registered to vote, and federal records show that some have voted in past elections.
See also
Launched in October 2015 and active through October 2018, Fact Check by Ballotpedia examined claims made by elected officials, political appointees, and political candidates at the federal, state, and local levels. We evaluated claims made by politicians of all backgrounds and affiliations, subjecting them to the same objective and neutral examination process. As of 2025, Ballotpedia staff periodically review these articles to revaluate and reaffirm our conclusions. Please email us with questions, comments, or concerns about these articles. To learn more about fact-checking, click here.
Sources and Notes
- ↑ 1.0 1.1 Orlando Sentinel, “Bondi vs. ‘appearance of evil,’ James Winston’s sermon, girdles on elephants,” September 10, 2016
- ↑ 2.0 2.1 Florida Department of State, “Secretary of State Ken Detzner Announces New Initiative to Remove Non-citizens from Florida Voter Rolls,” May 9, 2012
- ↑ Florida Department of State, “Florida’s Voter Eligibility Initiative Confirms 207 Non-citizens on Voter Rolls Using SAVE Database Around 8 Percent of Voters Checked,” September 12, 2012
- ↑ Miami Herald, “Gov. Rick Scott: voter purge lawful, feds are wrong and breaking the law,” June 6, 2012
- ↑ NBC2, "NBC2 Investigates: Voter Fraud," February 2, 2012
- ↑ Florida Department of State, “Letter from Florida Secretary of State Ken Detzner to United States Department of Justice,” June 6, 2012
- ↑ 7.0 7.1 Florida Department of State, “Florida Department of State Receives Commitment from U.S. Department of Homeland Security to Provide Access to Citizenship Database,” July 14, 2012
- ↑ Florida Department of State, “Secretary of State Ken Detzner Files Lawsuit Against U.S. Department of Homeland Security, Seeks Access to Database of Non-Citizens to Ensure Accuracy of Florida Voter Rolls,” June 11, 2012
- ↑ The United States Department of Justice, "Justice Department Files Lawsuit Against Florida Alleging Violations of the National Voter Registration Act," June 12, 2012
- ↑ The 2016 Florida Statutes, "97.041: Qualifications to register or vote," accessed October 9, 2016
- ↑ Florida Department of State, "Florida Voter Registration Application," accessed October 9, 2016
- ↑ The Florida Department of State, “FAQ – Voting,” accessed September 27, 2016
- ↑ National Conference of State Legislatures, “Voter Identification Requirements: Voter ID Laws,” accessed September 28, 2016
- ↑ The 2016 Florida Statutes, “104.011: False swearing; submission of false voter registration information,” accessed September 28, 2016
- ↑ Sun Sentinel, “Non-citizen behind bars after illegally voting in presidential election,” November 11, 2012
- ↑ Think Progress, “Florida Voter Purge Caught Just One Non-Citizen Voter,” September 10, 2012
- ↑ 17.0 17.1 The 2016 Florida Statutes, “98.015: Supervisor of elections; election, tenure of office, compensation, custody of registration-related documents, office hours, successor, seal; appointment of deputy supervisors; duties,” accessed September 28, 2016
- ↑ The 2016 Florida Statutes, “98.065: Registration list maintenance programs,” accessed October 11, 2016
- ↑ The 2016 Florida Statutes, “98.045: Administration of voter registration,” accessed September 28, 2016
- ↑ The 2016 Florida Statutes, “97.053: Acceptance of voter registration applications,” accessed October 13, 2016
- ↑ Social Security Administration, “Social Security Numbers for Non-Citizens,” accessed October 18, 2016
- ↑ Florida Department of Highway Safety and Motor Vehicles, “How do I get my first Florida license or ID card?” accessed October 18, 2016
- ↑ The 2016 Florida Statutes, “98.075: Registration records maintenance activities; ineligibility determinations,” accessed September 28, 2016
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