Why Noncitizen Voting is a Hot Topic in the 2024 Election: What You Need to Know

Only U.S. citizens are allowed to vote in the upcoming presidential and other important elections. While this has always been the case, there's been a lot of recent focus on the idea that noncitizens might try to vote. Republicans are particularly concerned about this, especially with the increase in immigrants at the U.S.-Mexico border. Although cases of noncitizens voting are rare, Republicans are taking steps in many states to prevent it.

What Does the Law Say?

A law from 1996 makes it illegal for noncitizens to vote in U.S. elections for the president or Congress. If caught, they can be fined, jailed for up to a year, and even deported.

When someone registers to vote, they must confirm that they are a U.S. citizen. States are required by federal law to regularly check and update their voter rolls, which helps identify any noncitizens.

While no state constitutions allow noncitizens to vote, some local areas in California, Maryland, Vermont, and Washington, D.C., do let noncitizens vote in certain local elections, like for school board members.

What Does the Data Say?

Noncitizen voting is very rare. However, Republicans have pointed out instances where noncitizens have been flagged during voter registration reviews.

For example, Texas Governor Greg Abbott mentioned that over 6,500 noncitizens were removed from voter rolls since 2021, with nearly 2,000 referred for investigation. Ohio and Alabama have also reported similar efforts to identify and remove noncitizens from voter lists.

Election experts believe these reviews show that current systems to detect noncitizen voters are working.

What Do the Courts Say?

Arizona has been a key state in the fight against noncitizen voting. In 2004, Arizona voters approved a law requiring proof of citizenship to register. However, the U.S. Supreme Court ruled in 2013 that Arizona could not require this for federal elections. This led to Arizona creating two types of voters—those who can vote in all elections and those who can only vote in federal elections.

Recently, the U.S. Supreme Court allowed Arizona to reject voter registration forms without proof of citizenship while the legal battle continues.

What's on the Ballot?

In November, voters in eight states will decide on constitutional amendments that clarify only U.S. citizens can vote. States like Iowa, Missouri, North Carolina, and others are pushing for changes in their constitutions to make this clear.

What Else Are States Doing?

Several states are taking additional steps. For instance, Georgia requires polling places to post signs warning noncitizens that voting is illegal. In Texas, there's a special email to report suspected cases of noncitizen voting.

Other states like Wisconsin, North Carolina, and Tennessee are also taking measures to ensure only eligible citizens are on voter rolls.

What Has Congress Done?

Republicans in Congress are backing a bill called the Safeguard American Voter Eligibility Act. This bill would require proof of citizenship to register to vote. The bill passed in the Republican-led House but hasn't yet been voted on in the Senate, where Democrats are in control. The Biden administration opposes the bill, saying it's unnecessary and could make it harder for eligible voters to register.

Conclusion:

The issue of noncitizen voting is becoming a major talking point in the 2024 election, especially among Republicans. While cases of noncitizens voting are rare, many states are taking steps to address the potential issue.