While the right to vote in the United States is reserved for citizens, concerns regarding noncitizen voter registration and participation have been a focal point in the recent political landscape. With an influx of immigrants at the US-Mexico border, Republicans have expressed anxieties about potential noncitizen voting, citing it as a threat to election integrity. These anxieties have spurred action across several states, where GOP officials have implemented various measures aimed at curbing noncitizen voting. These efforts include comprehensive voter roll reviews, executive orders, and constitutional amendments aimed at explicitly restricting voting rights to US citizens only.
However, Democrats have countered these measures, arguing that they create unnecessary barriers for legal voters and foster a sense of widespread noncitizen voting that is unfounded. They contend that existing laws effectively deter noncitizen voting, and these measures could disenfranchise eligible voters.
The debate centers around a 1996 US law that criminalizes noncitizen voting in federal elections, punishable by fines, imprisonment, and even deportation. Voter registration forms require individuals to affirm their citizenship under penalty of perjury. Furthermore, federal law mandates states to maintain accurate voter rolls, removing ineligible individuals, including undocumented immigrants.
Despite the existing legal framework and mechanisms, Republican officials have highlighted instances where voter registration reviews have identified potential noncitizen registrants. Texas, Ohio, and Alabama have reported identifying and removing individuals suspected of noncitizen registration from their voter rolls, citing these actions as necessary to ensure election integrity.
Arizona provides a prominent case study in the ongoing efforts to restrict noncitizen voting. A 2004 voter initiative required proof of citizenship for federal voter registration. However, the US Supreme Court ruled in 2013 that this requirement was unconstitutional. As a result, Arizona adopted a two-tiered system for voter registration: while proof of citizenship is required for state and local elections, it is not for federal elections. This dual system has led to a significant number of voters registered only for federal elections without providing proof of citizenship. A recent Supreme Court ruling will allow Arizona counties to reject voter registration forms without proof of citizenship, pending further litigation.
Several states have proposed constitutional amendments on their November ballots that would explicitly state only US citizens can vote. These amendments aim to reinforce the existing legal framework, contending that the current wording of some state constitutions does not sufficiently prevent noncitizen voting.
Republican leaders in several states have taken further steps to address noncitizen voting concerns, including issuing executive orders, posting warnings at polling places, and establishing reporting mechanisms for suspected violations of election laws.
In Congress, Republicans have introduced legislation, known as the Safeguard American Voter Eligibility Act, requiring proof of citizenship for voter registration. While this bill passed the Republican-controlled House, it faces opposition in the Democratic-led Senate. The Biden administration has voiced strong opposition, arguing that existing laws adequately address noncitizen voting and that the bill could hinder voter registration and disenfranchise eligible voters.
The ongoing debate over noncitizen voting highlights the complex interplay between election integrity, voter rights, and immigration in the US political landscape. While the incidence of noncitizen voting remains rare, the concerns and the measures taken to address them have become a key issue in national and state politics.
