Can Noncitizens Vote in the United States?

If you’re a noncitizen living in the United States, understanding your voting rights can be confusing. The rules differ across elections, and local laws vary. Your immigration status, where you live, and the type of election all play a role in determining your voting eligibility.

In this article, you will learn about the elections that noncitizen voters cannot participate in, where limited voting rights exist, and the legal risks for voting when you are ineligible to vote. If you have questions about how your immigration status affects your voting rights, contact an immigration attorney. You can also contact a civil rights attorney who can help you understand and protect your right to vote.

Federal Elections: Only U.S. Citizens Can Vote

In federal elections, including general election races for president, the U.S. Senate, and the House of Representatives, only U.S. citizens may vote. Federal law makes it unlawful for non-U.S. citizens to cast ballots in these elections.

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 criminalizes voting by noncitizens in any federal election. This applies to lawful permanent residents, U.S. visa holders, and undocumented immigrants. 

The law also provides two limited exceptions. First, a noncitizen may vote on a non-federal matter in a mixed election, but only if state or local law authorizes them to do so, and only if the voting on that local matter is conducted completely separately from the federal ballot portion.

The second exception is a narrow defense. The prohibition does not apply if all three of the following conditions are present:

• Each natural or adoptive parent of the noncitizen is or was a U.S. citizen
• They permanently resided in the United States before turning 16 years old
• They reasonably believed they were a U.S. citizen at the time of voting

If uncertain, consider meeting with a civil rights attorney before attempting to vote.

Can Green Card Holders Vote?

No. If you are a green card holder, also known as a lawful permanent resident (LPR), you cannot vote in federal or state elections. This rule applies no matter how long you have lived in the United States.

At the local level, a small number of municipalities allow legal residents and other noncitizens to participate in certain local races. These jurisdictions are the exception. Most cities and states do not extend any noncitizen voting rights.

It is also worth knowing that every state requires you to attest that you are a U.S. citizen when registering to vote. Eight states go further and require documentary proof of citizenship status to register in at least some cases. Falsely claiming citizenship on a voter registration form is a separate federal crime.

Noncitizen Voting in Local Elections

Federal law bars noncitizens from federal elections. However, states and municipalities can extend voting rights to non-U.S. citizens in their own local races. A small but growing number of jurisdictions have chosen to do that. 

As of 2026, the following jurisdictions allow noncitizens to vote in some local elections:

California

San Francisco voters approved Proposition N in November 2016. This allows noncitizen residents to vote in school board elections if they are the parent, legal guardian, or caregiver of a child living in San Francisco. The child does not need to be enrolled in a public school. Children attending private school or those too young to attend also qualify, as long as they live in the city.

District of Columbia

Washington, D.C., enacted the Noncitizen Vote Act in October 2022. This law extended local voting rights to noncitizen residents.

Keep in mind that the District works on a unique “non-state status.” As a result, all local legislation must clear a congressional review period before it can take effect. The law passed the congressional review process in March 2023 despite facing opposition in the U.S. House of Representatives.

A legal challenge filed shortly after was dismissed by the U.S. District Court for the District of Columbia in March 2024. The dismissal of the challenge is currently under appeal before the U.S. Court of Appeals for the D.C. Circuit, which heard oral arguments in March 2025. The law remains in effect while the appeal is pending.

Maryland

At least 16 municipalities in Maryland allow noncitizen residents to vote in municipal elections. This includes Takoma Park, which is among the first municipalities to adopt noncitizen voting rights for local elections.

Vermont

Three municipalities in Vermont have adopted similar policies:

• Burlington
• Montpelier
• Winooski

Not every effort to allow noncitizens to vote in local elections succeeded. For instance, New York City enacted a local law in 2021 that would have permitted noncitizens to vote in municipal contests, but a state court struck it down in June 2022. The court found that it conflicted with the New York State Constitution, which limits voting rights to U.S. citizens. The New York Court of Appeals affirmed that ruling in a 6-1 decision in March 2025.

States That Prohibit Noncitizen Voting

As of early 2026, 18 states have added language to their state constitutions explicitly prohibiting noncitizen voting. States that prohibit noncitizen voting include:

• Alabama
• Arizona
• Colorado
• Florida
• Idaho
• Iowa
• Kentucky
• Louisiana
• Missouri
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• South Carolina
• Texas
• Utah
• Wisconsin
• Wyoming

Several additional states have related ballot measures pending for 2026. These constitutional amendments do not affect federal law, but close the door on municipalities in those states extending local voting rights to noncitizens.

If you hold lawful permanent resident status or another noncitizen immigration status, contact your local board of elections to learn whether your municipality allows you to vote and the specific requirements you have to meet.

The Path to Full Voting Rights: Naturalization

Once you become a naturalized citizen of the United States, you hold the same voting rights as any native-born American. These voting rights include the right to participate in all federal, state, and local elections.

Naturalization is the formal legal process by which a noncitizen becomes a U.S. citizen. To be eligible, you must meet all of the following requirements:

• You have held lawful permanent resident (LPR) status, also known as a green card, for at least five years, or three years if you are married to a U.S. citizen
• You have maintained continuous residence in the United States throughout that period
• You are at least 18 years old at the time of filing
• You have demonstrated good moral character
• You have passed tests in English language proficiency and the U.S. civics test

The processing time for naturalization may vary. In general, the process from filing to naturalization can take up to two years or longer, depending on your circumstances and the current caseloads of U.S. Citizenship and Immigration Services (USCIS). Once the USCIS approves your application and you take the Oath of Allegiance, you become a U.S. citizen and may register to vote.

If you want to gain your voting rights by becoming a naturalized American citizen, consider speaking with an immigration law attorney. They can assess whether you qualify to apply for U.S. citizenship and guide you in learning how to apply.

Legal Consequences of Voting While Ineligible

Voting when you are not eligible carries serious consequences. Depending on the circumstances, prosecutors can charge it under false claims of citizenship or false statements in naturalization and citizenship proceedings.

Many noncitizens who end up on the voter rolls did not intend to register illegally. A significant number of these cases stem from administrative errors. The most common situation involves a noncitizen applying for a driver’s license or state ID at a DMV that uses automatic voter registration, which may enroll them to vote without their awareness. California Governor Jerry Brown signed AB 1461, which created an automatic voter registration process through the DMV and included provisions to limit criminal exposure for noncitizens who were inadvertently registered without intending to do so.

If you learned that you may have been registered to vote without intending to, contact your local election authority to correct the record. You can also reach out to an immigration attorney if you are concerned about your immigration status being at risk.

How To Check Whether You’re Eligible To Vote

The most direct route is to contact your local board of elections or your state’s Secretary of State office. Election officials can tell you whether your jurisdiction allows noncitizens to vote in any local races, the documentation you need to register, and how to verify or correct your current registration status. You can also visit your state’s official election website for jurisdiction-specific information or reach out to your local election authority before submitting any registration paperwork. 

Keep in mind that receiving voter registration materials does not mean you are entitled to vote. The National Voter Registration Act of 1993, otherwise known as the “Motor Voter” law, requires DMV offices to make voter registration materials available to all applicants. Receiving those materials is separate from having the legal right to register or vote.

Get Legal Help With Your Voting Rights

Noncitizen voting laws are fact-specific, and the consequences of getting them wrong can be serious. If you are eligible to vote and believe your voting rights have been violated, consider contacting a civil rights attorney near you. They can review what happened, explain your legal options, and guide you on what steps to take to protect your voting rights.

If you are concerned that a voting law violation, such as voter fraud, may be putting your immigration status at risk, contact an immigration attorney as soon as possible. They can assess your case, help you understand the potential consequences, and advise you on the steps you can take to protect your immigration rights.