DETAILS ABOUT NON-CITIZENS VOTING IN FEDERAL ELECTIONS

DETAILS ABOUT NON-CITIZENS VOTING IN FEDERAL ELECTIONS

Introduction

The Safeguard American Voters Eligibility (SAVE) Act is about to be introduced in the Senate after receiving support from Republicans and a few Democrats in the House. However, passing it in the Senate, especially with President Joe Biden’s opposition, will be challenging.

The SAVE Act aims to prevent non-citizens voting in federal elections. While it seems straightforward, it has sparked controversy among politicians from both major parties. Critics argue that existing laws already prohibit non-citizens voting, citing the 1996 Illegal Immigration Reform and Immigrant Responsibility Act.

This act states that non-citizens are ineligible to vote in federal elections, but some House Republicans believe these laws are insufficient.

The SAVE Act, stricter than the 1996 law, would demand proof of US citizenship for federal voter registration, changing how registration is handled. Democrats oppose it, finding it unnecessary, while Republicans worry about non-citizens voting errors from past mistakes.

Cato Institute found such errors didn’t impact elections or the electoral college. A study shows states will decide on non-citizen voting laws in November, with seven rejecting it in Alabama, Arizona, etc., and others seeking to exclude non-citizens.

Certain localities allow non-citizens to vote, but no foreign nationals have ever been found to influence elections.

Read on to get details of the intricacies involved in non-citizens voting in the US federal elections.

Support for non-citizens voting in federal elections

Arguments for allowing non-citizens voting include: it is unfair to block them from voting due to the complex naturalization process, banning them from voting can lead to biased public policies, allowing them to vote doesn’t stop them from wanting to become citizens, and it benefits society as a whole.

These points are supported by quotes from various sources. One point is that it is unfair to prevent non-citizens who are legal residents from voting because the process to become a citizen is expensive, similar to a poll tax.

For example, it will be unfair not to allow non-citizens voting for Alejandra, who has lived in the US since she was five, is a legal resident but can’t afford the $1,000 cost to become a citizen, despite having a good job.

Another argument is that not allowing non-citizen legal immigrants to vote is a form of voter suppression, similar to the poll tax. The legal fees to become a citizen are seen as a financial barrier that is unconstitutional, just like the poll tax.

More arguments in support for non-citizens voting in federal elections

Additionally, it is believed that allowing non-citizens voting in elections doesn’t discourage them from seeking citizenship. In fact, it could motivate them to do so by giving them a voice and a sense of belonging in their communities. This is because these laws and policies directly impact them, making it important for them to have a say.

Ron Hayduk, a political science professor, believes that allowing non-citizens voting would be good for society because it would lead to policies that help those who are often left out. He thinks this is important because everyone wants things like good schools, affordable homes, good transportation, and a clean environment.

By allowing non-citizens voting, it would help make sure these things are taken care of. It would also stop the rich from taking advantage of undocumented workers and keep workers united. Hayduk thinks this would make democracy stronger and help fight against policies that only benefit the rich.

Opposition to non-citizens voting in federal elections

Arguments against noncitizens voting include:

• People should fulfill citizenship duties before voting.
• It could let foreign countries influence US elections.
• It might discourage non-citizens from becoming citizens.

These points are supported by quotes from professionals. The New York Post believes citizenship duties are important, including the right to vote. The US Sen. Ted Cruz thinks non-citizen voting could lead to foreign interference and harm US interests.

It is suggested that the ability to vote in elections, along with the perks some non-citizens enjoy, might discourage them from becoming citizens. It further argued that the right to vote is part of citizenship, not a reward for those who might not apply.

While US citizenship offers benefits, including a General Assistance program that can provide $800 a month, it is noted that these benefits, along with the right to vote in elections, could reduce the motivation for non-citizens to go through the citizenship process.

The law on non-citizens voting before the SAVE Act

Before the SAVE Act, the 1996 law makes it clear that non-citizens voting are not allowed in federal elections. However, while the law doesn’t explicitly prohibit non-citizens voting in state or local elections, no state permits this.

Only three states and Washington, DC, allow non-citizens voting in some local elections. For example, in San Francisco, non-citizen parents or guardians can vote in school board elections. Oakland is working on a law to allow this. A few cities in Maryland and Vermont also permit non-citizens voting in local elections.

New York City passed a law in 2021 that allows non-citizens voting in local elections, but a judge ruled it unconstitutional in 2022. Washington, DC, recently passed a law that allows non-citizen residents to vote in all local elections not related to federal matters.

Since voting is only allowed for citizens in federal and state elections, these places have measures to prevent non-citizens voting in federal or state elections. For example, in Maryland, cities issue their own ballots for local elections, ensuring non-citizens can only vote in some local races.

Checking for citizenship status before the SAVE Act

How states check if someone can vote was different all over the US. The National Voter Registration Act (NVRA) 1993 provides that states have to use the same form for registering to vote. This form includes a promise under penalty of perjury that the person filling out the form is a US citizen.

States look into who people are and their details by checking databases from the state or the federal government, like the Social Security Administration or the state’s motor vehicles’ department. By comparing the info people give on their voter registration forms with what these databases have, election officials can make sure the info on the forms is correct and real. This makes it harder for people to try and register to vote by lying or using fake info.

Risks of non-citizens voting before the SAVE Act

Voting illegally in a federal election can land you in hot water, with a fine and even up to a year behind bars. On top of that, if you are not a citizen and get caught voting illegally, you could be sent back to your home country and have your legal status taken away under immigration rules.

Also, pretending to be a US citizen just to vote can lead to being deported or blocked from getting any kind of immigration status in the future, even if you do become a citizen later on. The fear of getting caught and the serious penalties are big reasons why people try to follow the rules when it comes to voting.

The punishments for breaking the law can really shake things up for non-citizens. They could end up in jail, sent back to their home country, and even blocked from getting any kind of immigration status down the line. The chance of getting caught and the harsh punishments usually stop people from doing it.

Highlights of the SAVE Act

• Stricter proof of US citizenship.

The SAVE Act made voting rules stricter by requiring proof of US citizenship for all federal elections. This proof can be a real ID card, US passport, military ID, government photo ID with birth details, or a photo ID without birthplace or citizenship information and a valid backup document.

The 1996 law made non-citizens voting in federal elections illegal. The 1993 NVRA made it a requirement for all states to use the same form for registering to vote that checked for US citizenship, and anyone caught voting without citizenship could be prosecuted. There was no proof these measures actually affected election outcomes.

Arizona began enforcing citizenship proof for voting in 2004. Following a Supreme Court case in 2013, they introduced a list of those ineligible for federal voting. This effectively created a national proof of citizenship requirement.

Groups like college students and the homelessness were more likely to be on the list. Studies have shown that over 9% of US citizens, or 21.3 million, lack citizenship documents.

However, the SAVE Act also introduced a system for these citizens to register by providing alternative documents and a statement confirming their citizenship and eligibility to vote in federal elections.

This system added extra steps to the current registration process for election officials.

• Implementation issues.

The SAVE Act needs big changes in how people register to vote, verify their identities, and keep voter lists up to date. These changes would be expensive and take a long time to make.

Even though these changes are hard to do, the SAVE Act wants to get things done quickly, even if it is not perfect. It starts on the day it is passed, leaving states no time to change their ways.

Also, the US Election Assistance Commission has to give states advice on how to do this in just 10 days after the law is passed.

It is suggested that lawmakers should wait to make big changes during an election year because it is more likely to cause mistakes and confusion for voters. Also, the SAVE Act doesn’t give any money to states to help pay for these changes.

A better way to prove citizenship

To make citizenship checks better, we could use real ID standards and share more data between state motor vehicle and election offices. The Real ID Act of 2005 sets rules for driver’s licenses and IDs.

The Real ID Act 2005 allows legal residents to get a Real ID, but everyone needs proof of citizenship. If states share info on what applicants provide, election offices can check if someone is a citizen and ask for more info if needed. In Colorado, the motor vehicle department shares updates daily, helping the election office check if people are eligible to vote.

Is non-citizens voting the problem?

Research shows that non-citizen voting in federal elections is very rare. It is against the law for non-citizens to vote in federal elections, but they can vote in local ones if allowed by the law.

A few places, like San Francisco and the District of Columbia, allow non-citizens voting in local school board and city council elections.

Looking at states with conservative leanings, it is important to note that “non-citizen” refers to those who are not US citizens, not immigrants who have become citizens.

This is because the Constitution grants the same voting rights to all citizens, including those born here.

In 2016, North Carolina checked its election records and found 41 legal immigrants who hadn’t become citizens voted. This was out of 4.8 million votes, but these votes didn’t affect any elections, even the smallest ones, according to the state’s election board.

The US Department of Justice later charged 19 immigrants for illegally voting in North Carolina.

In 2022, Georgia’s Secretary of State, a Republican, looked into voter rolls for non-citizens and found 1,634 attempts to register, but all were caught before registration.

A study by the Brennan Center for Justice found only about 30 incidents of non-citizens voting out of 23.5 million votes in some of the largest and most immigrant areas after the 2016 election.

However, one researcher believes the actual number of non-citizen voters is likely higher, but there is no evidence to suggest it significantly affected election outcomes.

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