The DC law references a 1996 bill passed by Congress called the Immigration Reform and Immigrant Responsibility Act. The 1996 bill included a provision making it a criminal offense for a noncitizen to vote in federal elections. However, municipalities seem to be exploiting a loophole that fails to stipulate whether noncitizens can vote in local elections.
During the April training sessions, noncitizen voters learned about the February 2023 D.C. Law 24-242 (Local Resident Voting Rights Amendment Act of 2022) that enables them to vote in local D.C. elections. In February 2023, the Council of the District of Columbia amended the D.C. Election Code of 1955 to qualify illegal aliens and noncitizen residents as "qualified electors for the purpose of local elections."
The Act allows noncitizens to vote for Mayor, Council members, Attorney General, Member of the State Board of Education, Advisory Neighborhood Commissioner, or any initiative, referendum, or charter amendment on a District ballot. Notably, the amended law also extends voting to undocumented immigrants. Congressional Republicans opposed the bill, but they failed to overturn it. Appeals, however, are ongoing.
Noncitizens must be residents of D.C. at least 30 days before the election and may not claim "voting residence or the right to vote in any state, territory, or country." They are also allowed to vote in local primaries at age 17 if they turn 18 by the next General election. According to the D.C. Board of Elections, "All voter registration applications and updates submitted online and by mail must be received by the Board by no later than the 21st day before the election in which you wish to vote." The noncitizen ballot only has local contests on it. It is marked with an "L" and the word "LOCAL" at the top. Noncitizen residents are also eligible to vote by mail, as pictured in the application for mail-in voting below.
Noncitizen Voting in Other Municipalities and States Prohibiting it
Ballotpedia data shows that as of May 3, 2024, "municipalities in California, Maryland, and Vermont allowed noncitizens to vote in some of or all local elections." New York City tried to pass a noncitizen voting law, but the law was ruled unconstitutional 3-1 by a state appeals court in February 2024. According to the New York City Council, "The appellate court agreed that the clause in the state constitution that 'every citizen shall be entitled to vote'… refers exclusively to United States citizens. And the court ruled that a provision of state Municipal Home Rule Law requires changes to elections to be passed by voter referendum, rather than a local legislature." The Court of Appeals is the highest court and court of last resort in New York.Seven states expressly prohibit noncitizen voting in their state constitutions. They are Alabama, Arizona, Colorado, Florida, Louisiana, North Dakota, and Ohio. Associate Professor of Law Joshua A. Douglas at the University of Kentucky College of Law identified 14 states, including Maryland and California, as having "no explicit state constitutional or legislative impediments" to expanding voting rights to noncitizens in local elections." According to Ballotpedia, voters in 5 states are adding language about citizenship requirements for voting in 2024: Missouri, South Carolina, Iowa, Kentucky, and Wisconsin.
Republicans Trying to Amend NVRA to Require Proof of Citizenship
Rep. Chip Roy (R-TX) introduced the Safeguard American Voter Eligibility Act (SAVE) to protect U.S. Federal Elections. The bill would require states to obtain proof of citizenship in person when registering a person to vote. It would also require states to remove noncitizens from the rolls. It amends the National Voter Registration Act (NVRA), a bill on the books since 1993.
Rasmussen Reports Polling: Majority of Americans Believe Illegal Immigrants Should Not Vote
American voters are indeed concerned that illegal and noncitizen voting will affect the results of the 2024 election. A national telephone and online survey from Rasmussen Reports in early April showed that "78% of Likely U.S. voters believe it is important to prevent illegal immigrants from voting in American elections, including 62% who consider it Very Important. Just 17% disagree. These findings have barely changed from last September."According to Rasmussen's April survey, when asked whether illegal immigrants should be allowed to vote in U.S. elections,
- 82% of Likely U.S. Voters responded no
- 9% responded yes
- 8% said they weren't sure
"Majorities of every racial category– 78% of whites, 65% of black voters, 80% of Hispanics, and 98% of other minorities – believe it's at least somewhat important to prevent illegal immigrants from voting in U.S. elections," according to the April survey. Breaking down the electorate by income categories, voters earning less than $50,000 a year are most likely to think the outcome of the 2024 presidential election will be influenced by illegal immigrants voting."
When asked how important it is to prevent illegal immigrants from voting in U.S. elections,
- 62% of Likely U.S. Voters said it was "Very important"
- 16% said it was "Somewhat important"
- 10% responded with "Not very important"
- 7% said it was "Not at all important," and
- 5% were "Not sure"
In addition, 45% of Likely U.S. Voters believe the outcome of the 2024 election will be influenced by illegal immigrants voting, with 24% saying it is "Very likely" and 21% saying it is "Somewhat likely." 20% said it is "Not very likely," and 24% believe it is "Not at all likely." Another 10% are "Not sure." Rasmussen's April article also states:
"Nearly two-thirds (64%) of Republicans believe it's at least somewhat likely that the outcome of the 2024 presidential election will be influenced by illegal immigrants voting, but only 34% of Democrats share that belief. Among voters not affiliated with either major party, 40% think it's likely that voting by illegal immigrants will influence the election outcome, while 46% consider it unlikely.
More Republicans (65%) than Democrats (22%) or unaffiliated voters (43%) Strongly Agree with Musk's claim that the Biden administration is "encouraging so much illegal immigration" because they want them to become voters and "create a permanent majority" for the Democratic Party. Among voters who consider it Very Important to prevent illegal immigrants from voting in U.S. elections, 65% Strongly Agree with the Musk claim about Democrats trying to get a "permanent majority" by "encouraging so much illegal immigration."
Related Rasmussen polling from May 20 shows Likely U.S. Voters would more likely vote for a candidate who favored the deportation of illegal aliens. According to Rasmussen's May 20 article, "Given a choice between granting amnesty to illegal immigrants and deporting all of them, American[s] voters favor deportation by a double-digit margin...52% of Likely U.S. Voters would vote for the candidate who favored deportation. Thirty-six percent (36%) would vote for the candidate who favored amnesty, while 12% are undecided."
Biden's open border policies are responsible for the 10 million illegal aliens now living in the U.S. This number is likely much higher since it does not include the "gotaways." Never in the country's history has one president allowed so many illegals to cross our borders. Of note, 2024 nationwide encounters have already exceeded nationwide encounters for all of 2021, just short of 2 million as of May 15, 2024. U.S. Customs and Border Protection states that most land encounters occur at the southwest border.
