Doesn’t U.S. Law Already Prohibit Non-Citizens from Voting in Federal Elections?  Yes, it Does.



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Today’s Script

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You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

In an announcement April 11th heralded as a major “election integrity” policy proposal, former President Donald Trump and House Speaker Mike Johnson announced their intention to require proof of citizenship to vote.  Spoiler alert:  It’s already required.

Citizenship to vote is specified in the 15th Amendment, 19th Amendment, and the Voting Rights Act of 1965.   The U.S. Code Title 18 makes it a crime for noncitizens to vote in federal elections.  QUOTE, “It shall be unlawful for any alien to vote in any election held solely or in part for the purpose of electing a candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives . . ” UNQUOTE, and goes on to give exceptions for local elections.   The penalty for violators, the Code states, “Shall be fined under this title, imprisoned not more than one year, or both.”   

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ALSO makes it a crime to submit false citizenship documents, and specifies the U.S. Code just read.

In short, the announcement amounted to a misleading political stunt suggesting voting by immigrants is a widespread voting fraud issue.  It’s not. The conservative Heritage Foundation has found fewer than 50 convictions in the country over two decades, and the Cato Institute found the numbers were so small that no election could be compromised.

We have more at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:
States Newsroom/Nebraska Examiner – GOP, Trump build on immigration fears to push voting restrictions in states
Bipartisan Policy Center – Four Things to Know about Noncitizen Voting

Brennan Center for Justice – Noncitizens Are Not Voting in Federal or State Elections — Here’s Why

PBS News Hour – Trump & Johnson Deliver Remarks April 11
NPR – Republicans aim to stop noncitizen voting in federal elections. It’s already illegal
BallotPedia – Laws permitting noncitizens to vote in the United States
Cato Institute – (2020) Noncitizens Don’t Illegally Vote in Detectable Numbers
U.S. Code via Cornell Law – 18 U.S. Code § 611 – Voting by aliens
U.S. Congress via Cornell Law – Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
Heritage Foundation – Voter Fraud Database

Groups Taking Action
Brennan Center for Justice, Immigration Policy Center 


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