Conversations about noncitizen voting is growing louder as some states begin legislative efforts before the November elections.
Congress passed legislation in 1996 that prohibited noncitizens from voting in elections for the U.S. Senate and House of Representatives and presidential elections. This federal law states that it is unlawful for noncitizens to vote in federal elections, but it did not refer to elections on the state or local level and left states to decide for themselves.
While each state’s constitution mentions U.S. citizenship in some way or another when referring to voting, the laws on noncitizen voting vary from state to state. Not all align with the act from 28 years ago.
Eight ballot measures this fall either ban the option for non-citizens to vote in state or local elections or allow it. Lawmakers at the state level have been at work for some time.