The Illegal Immigration Reform and Immigrant Responsibility Act of 1996, external prohibits non-citizens – which includes illegal immigrants – from voting in federal elections.
The punishment includes a year in prison, a fine, and possibly deportation.
Every state is required to use a common registration, external form which requires people to confirm they are US citizens, under penalty of perjury for false claims, but does not require documentary proof.
“That first step of having to tick a box saying you’re a citizen to register to vote is a huge deterrent for illegal immigrants, as it’s hugely risky to lie,” says Jasleen Singh, a voting expert at the liberal policy think tank Brennan Center for Justice.
In many states, voter rolls are cross-referenced with citizenship and immigration services, death certificates, and postal records to make sure that people who are non-citizens, dead, or live out of state are not registered to vote.
“At the polls, there’s a list of eligible voters, and if a non-citizen turns up, they’ll be turned away or told to cast a provisional ballot which will only be accepted if they can provide proof of citizenship,” says Prof Ronald Hayduk, a voting rights expert at San Francisco State University.
Non-citizens are not allowed to vote in state-wide elections either.
However, some municipalities in California, Maryland, Vermont and Washington DC do allow them to vote in certain local elections, such as for school boards.
