Noncitizen Voting in the United States: History, Law, and Evidence

The fear of noncitizen voting has been present in the U.S. for more than 100 years, and those fears have grown since the 2020 presidential election. Influential people with large platforms have claimed that noncitizens illegally vote in large enough numbers to turn elections. Despite these claims, there is no evidence to support this fallacy. These declarations, which are sometimes based on unfounded fears but other times on blatant discrimination, tell an untrue story about noncitizens’ votes.

The history behind noncitizen voting before 1924

Before World War I, it was common for noncitizens to vote in the United States. Extending voting rights to noncitizens helped encourage immigrant workers and families to settle, work, and contribute to the growth of U.S. territories and new states. The American Revolution began with the rallying cry of “no taxation without representation,” and allowing men the vote — citizen and noncitizen alike — was consistent with that value.

Then, as now, noncitizens often paid taxes, owned businesses and homes, and sent their children to public schools. Some noncitizens could be drafted or serve in the military. Within this context, it is simple to understand why noncitizens, who actively participated in the country's social and economic systems, were permitted to have a voice in shaping it.

Noncitizen voting from 1924 to the present

By 1924, every U.S. state had banned noncitizens from voting in federal elections. Although the U.S. welcomed millions of immigrants during the 19th century, that era of migration came to a halt with the onset of World War I. The war intensified long-standing anti-immigration sentiments, and in the years after the war lawmakers enacted strict laws aimed at preserving “the purity of the ballot box.” Advance registration placed new barriers to suffrage. As one historian notes, “those barriers were all too commonly designed to hinder the participation of certain groups of citizens — often identifiable by their ethnicity, race, class, literacy, and partisan preferences."

And then, in 1996, Congress cracked down on border enforcement, adding criminal penalties to noncitizens who register to vote. The Illegal Immigration Reform and Immigrant Responsibility Act was passed in response to three national events: the first World Trade Center bombing, anti-immigrant legislation in California (Proposition 187), and the initiation of the North American Free Trade Agreement (NAFTA) coupled with the economic crisis in Mexico. While border enforcement and immigration policy prompted this legislation and President Bill Clinton’s signature, evidence suggests noncitizen voting was not a problem then either. 

Today, to legally vote, people are required to be U.S. citizens, 18 years old or older, and registered to vote before their state’s voter registration deadline. Noncitizens — who make up about 15% of the U.S. population, and the majority of whom legally possess visas or green cards — do not attempt to vote in federal or state elections in substantial numbers. Even so, lawmakers have spent time and resources on purging a minuscule quantity of noncitizen voters from voter rolls. 

Evidence

After extensive investigations, results indicate that about 0.0001% of votes in the 2016 federal election were cast by noncitizens. After years of inquiries, officials say that though it may occur, noncitizen voting is quite rare.

States regularly conduct audits of their databases to remove voters who have died, committed a felony, moved, or are noncitizens. However, many people are automatically registered to vote when they apply for a driver’s license, and in some cases the system mistakenly registers noncitizens. Most of the noncitizens found on voter rolls have never cast a ballot. 

The law

While federal law bars noncitizens from voting in federal elections, there are places like California and Maryland where noncitizens are legally allowed to vote in municipal elections. Elected officials in these areas argue that everyone who pays taxes and sends their children to public schools should have a voice in the policies and politics that directly affect their lives. 

Alternatively, many states’ constitutions explicitly prohibit noncitizen voting. In 2024, eight states amended their constitutions from “every citizen” can vote to “only citizens” can vote, bringing the total number of states with noncitizen voting bans to 15. Regardless of the state, all voter registrations include the caution that illegal voting will be punished with large fines, up to five years in prison, and possible deportation. 

Additionally, as a solution to this non-issue, states have enacted proof of citizenship laws that require certain documents for registration. Arizona's documentary proof of citizenship law created confusion during the 2022-2024 election cycles, resulting in thousands of voter registration applications being rejected. Kansas passed a documentary proof of citizenship law in 2011, but it prevented so many citizens from voting that it has not been enforced since 2018. These state laws have been challenged in courts for being discriminatory and for imposing unnecessary barriers to voting, potentially violating the National Voter Registration Act and the Voting Rights Act.

Conclusion

It is illegal for noncitizens to vote in federal and state elections, and claims of widespread noncitizen voting are simply not supported by evidence. Historically, noncitizen voting was legal and encouraged as a means of building the nation, but federal restrictions introduced in the 1900s changed that landscape. Today, despite occasional administrative errors, noncitizen voting is exceedingly rare. 

The publicized fear of noncitizen voting deteriorates trust in the election process and distracts voters from current issues concerning democracy. As we continue to protect the integrity of our elections, it is equally important to ensure that efforts to prevent fraud do not vilify members of our communities who contribute in meaningful ways to our shared civic life.

This article was written by Natasha Rogers, researcher/writer for Mormon Women for Ethical Government.