You’ve probably seen the headlines or heard the heated arguments at the dinner table. It’s one of those topics that gets people fired up instantly. The question of whether someone who isn't a U.S. citizen can walk into a polling place and cast a ballot is wrapped in a lot of confusion, some genuine legal nuance, and, honestly, a fair amount of misinformation.
Basically, the short answer is a hard "no" for the big stuff, but a "maybe" for the small, local stuff depending on exactly where you live.
Let’s get the big one out of the way first. For federal elections—we’re talking President, Vice President, the Senate, and the House of Representatives—it is absolutely illegal for non-citizens to vote. Period. This isn’t just a "suggestion" or a "best practice." It’s a federal crime.
The Federal Lockdown: Why It’s a No-Go
Back in 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). This law made it a specific federal offense for any non-citizen to vote in a federal election.
If a non-citizen is caught voting in a federal race, the consequences aren’t just a slap on the wrist. They’re life-altering. We’re talking:
- Up to a year in federal prison.
- Fines that can get pretty steep.
- Deportation. This is the big one. Even if someone has a green card and has lived here for decades, a single illegal vote can get them kicked out of the country and permanently barred from ever coming back or becoming a citizen.
Because the stakes are so high, most non-citizens—whether they are legal permanent residents (green card holders) or undocumented—stay far away from the ballot box. They aren't going to risk their entire future in the U.S. for one vote.
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The "Local Loophole": Where It Sorta Happens
Now, here is where it gets a little complicated. While federal law covers federal elections, it doesn’t actually stop states or cities from making their own rules for their own local elections.
Think school boards. Think city council.
As of early 2026, there are a handful of places in the U.S. where non-citizens can legally vote in these hyper-local races.
- Maryland: This is the "capital" of local non-citizen voting. About 11 municipalities, including Takoma Park, Hyattsville, and Mount Rainier, allow non-citizens to vote in town elections.
- Vermont: Cities like Burlington, Montpelier, and Winooski allow non-citizens to vote in local matters.
- California: San Francisco and Oakland allow non-citizen parents or guardians of school-aged children to vote in school board elections. The logic here is that these parents have a direct stake in how the schools are run, even if they aren't citizens yet.
- District of Columbia: In 2023, D.C. passed a law allowing non-citizens who have lived in the district for at least 30 days to vote in local elections for mayor and council.
But let’s be clear: in these places, the ballots are separated. If you’re a non-citizen in Takoma Park, you get a ballot that has the local mayor on it, but it doesn't have the President or a Senator on it. The systems are built to keep those things totally apart.
The Pushback: States Locking Their Doors
While some cities are opening up, a lot of states are moving fast to shut the door completely. In the last few years, we've seen a massive wave of state constitutional amendments.
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Just in the 2024 elections, voters in Iowa, Wisconsin, Kentucky, Idaho, South Carolina, Missouri, Oklahoma, and North Carolina all approved measures that explicitly state only citizens can vote in any election in those states. Texas joined them with a similar move in 2025.
These amendments are designed to prevent cities from ever trying what San Francisco or D.C. did. It’s a direct preemptive strike. In New York City, for example, a law that would have allowed non-citizens to vote in local elections was struck down by the courts in 2025 because it violated the state constitution.
The "SAVE Act" and the Proof of Citizenship Debate
You might have heard about the SAVE Act (Safeguard American Voter Eligibility Act). It’s been a huge talking point in Congress.
Basically, this bill wants to require everyone to show "documentary proof of citizenship"—like a birth certificate or a passport—every time they register to vote. Right now, most states just have you sign a form under penalty of perjury.
- Supporters say: It’s the only way to be 100% sure that no non-citizens are getting on the rolls, especially with "motor voter" laws that register people at the DMV.
- Opponents say: It’s a solution looking for a problem. They argue that most people don’t carry their birth certificates around, and this would end up blocking millions of actual U.S. citizens—especially the elderly or low-income folks—from voting just because they don't have the right paperwork handy.
How Rare Is It, Really?
Honestly, every major study and audit has shown that non-citizen voting in federal elections is "vanishingly rare."
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Take Georgia, for example. In 2022, the Secretary of State did a massive audit of 25 years of records. They found about 1,600 non-citizens had tried to register, but the system caught them and zero of them actually succeeded in casting a ballot.
The Brennan Center for Justice and even conservative-leaning groups like the Heritage Foundation have looked at the data. While Heritage has found cases of fraud over the years, the number of non-citizens actually voting is tiny—usually a handful of cases in a sea of millions of votes. Most of the time, when it does happen, it’s a genuine mistake—someone at the DMV checked the wrong box, or a new resident thought "resident" meant they could vote.
Actionable Steps: What You Need to Know
If you are a non-citizen or know someone who is, navigating this is high-stakes. Here is the practical reality:
- Check the Fine Print: If you live in a place like D.C. or a specific Maryland town, verify exactly which elections you are eligible for. Never assume that being able to vote for a school board means you can vote for the Governor.
- DMV Caution: When you’re getting your driver's license, be extremely careful with the "voter registration" section. If you aren't a citizen, do not check that box, even if the clerk tells you it’s fine. A mistake here can ruin a future citizenship application.
- Naturalization is the Key: If you want to vote in the big elections, the only safe path is through naturalization. Once you have that certificate, you are 100% in the clear.
- Keep Your Papers: If you're a citizen but don't have a passport, it might be a good idea to dig up that birth certificate and keep it somewhere safe. With more states passing "proof of citizenship" laws for registration, you might need it sooner than you think.
The bottom line is that the U.S. election system is increasingly designed to be a "citizens-only" club, and the legal walls are getting higher every year.