You’ve probably seen the headlines or heard a heated debate at a Thanksgiving dinner about whether noncitizens—specifically those without legal status—are casting ballots in our elections. It’s a messy, loud topic. Honestly, the answer isn't a simple "yes" or "no" because it depends entirely on which street you're standing on.
As of early 2026, the law is a patchwork. At the federal level, the rules are ironclad. The 1996 Illegal Immigration Reform and Immigrant Responsibility Act makes it a federal crime for any noncitizen to vote in a federal election. That means no voting for President, no voting for Congress. Period. If a noncitizen tries it, they’re looking at fines, prison time, and almost certain deportation.
But local elections? That’s where things get weird.
The Local Loophole and Why It Exists
Some cities argue that if you live in a town, pay local property or sales taxes, and send your kids to the local school, you should have a say in who runs that school or how the trash gets picked up. They view local governance as separate from national sovereignty.
Take Takoma Park, Maryland. They’ve allowed noncitizens to vote in municipal elections since 1992. It's not a new "woke" trend there; it’s a decades-old policy. In these specific pockets of the U.S., the definition of a "voter" for a town council race doesn't always include "U.S. Citizen" in the requirements.
Where Can Noncitizens Actually Vote?
Right now, if you're looking at the map, you'll see a handful of dots where this is legal for local-only races:
- Maryland: About 11 municipalities, including Chevy Chase Section 3 and Hyattsville, allow it.
- Vermont: Cities like Burlington, Winooski, and Montpelier allow noncitizens to vote in municipal contests.
- California: San Francisco and Oakland allow noncitizen parents or guardians to vote in school board elections specifically.
- Washington, D.C.: The District passed the D.C. Noncitizen Vote Act, which allows noncitizens who have lived in the city for 30 days to vote in local elections.
Notice a pattern? It's almost always very specific. In San Francisco, you can't vote for Mayor if you aren't a citizen—just the school board. It’s a "limited franchise."
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The Massive Legal Pushback
Just because a city passes a law doesn't mean it stays. The legal battles are constant.
New York City is the biggest example of this "passing then crashing" cycle. Back in 2021, the City Council passed a law that would have let nearly 800,000 green card holders and those with work authorizations vote in local elections. It was a huge deal.
Then the courts stepped in.
In March 2025, New York’s highest court, the Court of Appeals, officially killed the law. The judges ruled 6-1 that the New York State Constitution specifically ties the right to vote to citizenship. Chief Judge Rowan Wilson basically said that "citizen" isn't just a starting point or a "floor"—it's a requirement. This ended years of legal see-sawing for the Big Apple.
How Do They Keep the Ballots Separate?
You might wonder: "If a noncitizen walks into a polling place in D.C., how do they stop them from accidentally voting for President?"
It’s about the paperwork.
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States and cities that allow this use separate registration rolls and separate ballots. In Maryland's participating towns, the municipal election is often held on a completely different day than the federal election. Or, if it's on the same day, the noncitizen is handed a ballot that literally only lists the local races.
There is no "All Access" pass.
The 2024 and 2026 Constitutional Wave
While some cities are opening the door, a massive wave of states is bolting it shut at the state level.
In the 2024 elections, voters in states like Iowa, Missouri, Kentucky, North Carolina, and Wisconsin overwhelmingly approved constitutional amendments. These didn't just say "citizens can vote"—they changed the language to say "only a citizen" can vote.
Why does that matter? It’s a legal preemptive strike. By putting "only" in the state constitution, it prevents any city (like a future "New York City" equivalent in those states) from ever passing a local law to let noncitizens vote.
Looking ahead to the rest of 2026, South Dakota, Kansas, and Arkansas have similar measures on the horizon. The trend is moving toward total bans at the state level, which overrides whatever a local city council might want.
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The Reality of "Illegal" Immigrant Voting
Here is the nuance most people miss. Most local laws that allow noncitizen voting are aimed at legal residents—people with Green Cards or H1-B visas.
However, the language in some places, like San Francisco or D.C., is broad. In D.C., the law applies to "noncitizen residents." This technically includes undocumented immigrants.
But does it happen often?
Honestly, the numbers are tiny. In many of these jurisdictions, the turnout for noncitizens is less than 1%. Why? Because if you are undocumented, the last thing you want to do is put your name, address, and signature on a government document. The risk of being flagged by ICE or "outing" yourself to federal authorities far outweighs the desire to pick a new member for the local water board.
What You Need to Know (Actionable Insights)
If you’re trying to navigate this or just want the facts for a debate, keep these three things in mind:
- Federal elections are a No-Go zone. There is no city in America where a noncitizen can vote for President. To do so is a felony with life-altering consequences.
- Check your State Constitution. If you live in a state like Florida, Arizona, or Ohio, local noncitizen voting is already unconstitutional. The "Home Rule" doesn't apply there for elections.
- Local isn't Statewide. Even in Vermont, a noncitizen can't vote for Governor. They are restricted to the tiny "hyper-local" bubble of their specific town or city.
If you’re interested in how your specific county handles voter rolls, the best move is to contact your local Supervisor of Elections. They are required to explain the verification process they use—usually Crosscheck or the Social Security Administration databases—to ensure that only eligible names remain on the list. Keep an eye on the 2026 ballot measures in your state, as that's where the final word on this issue is currently being written.