While it may surprise you, federal law does not control who can vote in federal elections. The Constitution leaves this up to the states. Federal law cannot prevent a state from allowing noncitizens to vote — even in federal elections.

Who Can Vote?

Most people assume that in order to vote in the United States, a person must be a citizen of the United States. However, that isn’t always the case.

Noncitizens today vote legally in 24 cities in four states and our nation’s capital. Federal election law begins with Article 1 of the Constitution, which gives states the responsibility of determining who is eligible to vote in federal elections.

The only real reason noncitizen voting in federal elections is against the law is that no state has made it legal. Yet.

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To ensure that only U.S. citizens vote in federal elections, the only certain protection is a federal constitutional amendment. Otherwise, individual states will be free under our current constitutional system to allow noncitizens to vote in federal elections.

Perspectives From Across the Country

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The U.S. Constitution does not grant an explicit “right to vote.” Instead, it assumes voting exists and regulates who decides voter qualifications. For elections to Congress, the Constitution ties federal voter qualifications to those used for each state’s own legislature.

Some assume Congress can simply legislate citizenship requirements for federal elections. Supreme Court precedent strongly suggests otherwise.

History reinforces this constitutional reading. At various points in American history, many states allowed non-citizens to vote, including in federal elections.

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