By: Brad Nakase, Attorney
Only US citizens can vote in federal elections; therefore, illegal immigrants cannot vote in federal elections. They will not be able to vote in presidential elections, for example. But, there are no federal laws to determine whether illegal immigrants can vote in state or local elections. We will discuss this in this article.
Can Illegal Immigrants Vote in Elections in America?
Illegal immigrants cannot vote in federal elections under any circumstances; only citizens can vote in federal elections. However, in 11 states, non-citizens can vote in local or town elections.
The penalty for an illegal immigrant voting in an election is deportation and criminal charges, so many illegal immigrants do not vote. Even if they manage to vote undetected, they will only be able to place one vote. So, concerns about voting fraud by illegal immigrants are unfounded. Many do not think it is worth the risk.
Can Non-Citizens That Are Not Illegal Immigrants Vote?
No, even permanent residents cannot vote in federal elections, but some local and city elections allow permanent residents to vote. The only way a permanent resident can vote is if they legally obtain citizenship through naturalization. This is a lengthy process, and to be eligible, the permanent resident must have lived in the US legally for five years or more.
Illegal Immigrants Voting: Concerns of Voter Fraud
Most of the concerns surrounding illegal immigrants voting to tend to be related to voter fraud. Some people believe that illegal immigrants voting will open the way for a slew of false votes. In fact, in 2011, hundreds of non-citizens were registered to vote in Florida and had voted in past elections.
The penalty for non-citizen voting illegally is severe but can vary from state to state. Illegal immigrants or even permanent residents could face fines and prison time or even deportation if caught. Therefore, it is extremely rare for illegal immigrants to vote in federal elections. In many of the cases, the illegal immigrants or permanent residents were accidentally registered to vote by the DMV. California has added an exception to its laws for these scenarios.