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Federal legislation claims that only U.S. citizens who are 18 years or older can vote in the general elections. Immigrants who aren't citizens cannot vote for president or members of Congress. Those with permanent legal residency (Green Card) cannot participate either.
In Factchequeado, we’ll explain to you in more detail who is and isn’t eligible to vote.
Read this story in English by clicking here.
Who is eligible to vote in the U.S.
In the United States, there are 4 main requirements to vote:
To vote for president or members of Congress in the elections, you must be a U.S. Citizen by birth or naturalized. In some local elections, non-citizen immigrants may have the right to vote (more information below).
You must be at least 18 years old on or before Election Day. In most states, you can register, or even participate in presidential caucuses, as long as you’re 18 on Election Day.
You must meet all state residency requirements. Homeless people, or people without a permanent address, who meet certain requirements, can participate in the elections.
You must meet the registration deadlines established by your state.
Who isn't eligible to vote in the U.S.
In the United States, there are 4 groups of people that aren't eligible to vote.
Permanent legal residents (people with Green cards), cannot vote. In fact, it is considered a felony to be registered in federal elections without being a citizen, and if someone votes without having citizenship, penalties may include denial of future immigration status during naturalization or deportation (more information below).
People convicted for certain felonies, or who are currently serving time for certain crimes, may not be eligible to vote. Rules vary by state (for more information, you can check this guide of the Department of Justice).
Depending on the state, some people who have a mental disability may not be able to vote (you can find more information here).
U.S. citizens living in Puerto Rico or other U.S. territories can participate in a caucus or primary, but cannot vote in the general elections for president. (We explain what a caucus is in this article by Factchequeado).
Caption: Source: USA.gov
Immigrants who aren't citizens cannot vote in federal elections
As we said before, people who aren't U.S. citizens and voted in federal elections are committing a crime that can have serious consequences. Since 1996, there has been legislation that penalizes offenders of this electoral law with fines, prison sentences of up to 1 year, or both.
However, the following research shows that it is uncommon for a non-citizen to vote.
Brennan Center for Justice concluded that from 23.5 million votes casted in 42 jurisdictions during the 2016 elections, only 30 incidents of suspected non-citizen voting were reported for further investigation or prosecution.
An audit made in 2022 by authorities of the state of Georgia showed that, in 25 years (between 1997 and 2022), the number of non-citizens that attempted to register to vote was less than 1.700, none of which completed the registration process.
False claims about non-citizen immigrants that vote
These are some examples of false claims about non-citizen immigrants that allegedly vote in the United States:
In Factchequeado, we explain how after the September 2023 announcement that 472.000 immigrants were eligible for a Temporary Protected Status (TPS), some media outlets claimed that this benefit gave immigrants the right to vote. However, a TPS does not grant citizenship, and thus its beneficiaries cannot vote.
In the midterms elections of 2018, then president Donald Trump accused undocumented immigrants of attempting to vote without having any evidence.
During his attempt to delegitimize the electoral results of 2020, former president Donald Trump accused some states of counting non-citizen votes without proof.
Some politicians are pushing the conspiracy theory known as the Great Replacement, which states that there is a plot to replace the political power and culture of white people living in Western countries with migrants from other ethnic backgrounds.
Only in some local elections are non-citizens allowed to vote
In 1996, legislation approved by the U.S. Congress forbade non-citizens to vote in federal elections for president and members of Congress. However, this law does not apply to state or municipal elections.
According to the non-partisan political encyclopedia Ballotpedia, up to June 2023 there were 17 cities in the United States that allow non-citizens to vote in some or all local elections. Those cities are distributed in the states of California, Maryland, Vermont and the District of Columbia.
It is important to clarify that non-citizens are allowed to vote in some municipal elections, and that this right does not extend to federal elections or positions on a state level.
“There are very few [states], but some counties and municipalities have given the right to vote to non-citizens,” explained Liz Lebrón to Factchequeado , Research Director for Voto Latino, a civic organization that encourages Latino participation in the electoral process.
Factchequeado is a verification media outlet built by a Spanish-speaking community to tackle disinformation in the United States. Do you want to be part of it? Join us and verify the content you receive by sending it to our WhatsApp +16468736087 or to factchequeado.com/whatsapp.
See also:
Caucus: what they are and why there are important to elect presidential candidates
Hispanic caucus: what it is and why it has nothing to do with presidential caucuses
