Non-citizens cannot vote in U.S. federal or state elections, and casting a ballot as a non-citizen is a federal crime that also triggers deportation and a permanent bar from becoming a citizen. A small number of towns and cities allow non-citizen residents to vote in certain local races only, and those programs are narrow and geographically limited. If you are not a U.S. citizen, the safe answer in almost every election is no.
The Federal Ban
Under 18 U.S.C. § 611, it is a crime for any non-citizen to vote in an election for president, vice president, presidential elector, senator, or representative in Congress. The statute covers primaries, general elections, and special elections alike. A conviction carries a fine, up to one year in prison, or both.1Office of the Law Revision Counsel. 18 USC 611 – Voting by Aliens
The ban applies to every non-citizen, without distinction. Lawful permanent residents with green cards, people on temporary work or student visas, and people with no legal status at all are all covered by the same rule. Only U.S. citizens, whether by birth or naturalization, may cast a federal ballot.
State Elections Are Off-Limits Too
Most state constitutions have long restricted voting to citizens, and recent ballot measures have made that explicit. In 2024, voters in Iowa, Idaho, Kentucky, Missouri, North Carolina, Oklahoma, South Carolina, and Wisconsin approved constitutional amendments prohibiting non-citizen voting in any election within their borders, with approval rates ranging from 62% to 86%. Texas followed with its own amendment in 2025.
These amendments reach further than federal law. Section 611 only covers federal races, but the state constitutional bans close off local elections as well and prevent any city or county in those states from opening voting to non-citizens in the future.
Where Non-Citizens Can Vote in Local Elections
A handful of jurisdictions allow non-citizen residents to vote in specific local races. None of them extend to state or federal contests, and the offices involved are limited to things like city council, school board, or advisory bodies.
Maryland Towns
Maryland has the most municipalities allowing non-citizen voting. At least sixteen towns and cities let non-citizen residents vote in municipal elections, including Edmonston, Brentwood, Mount Rainier, and Colmar Manor in Prince George’s County. These towns use Home Rule authority to set their own voter qualifications for local offices, and eligibility generally requires proof of residency within the town.2Maryland Matters. Edmonston Becomes Latest Maryland Municipality to Let Noncitizens Vote in Local Elections
Vermont Cities
Burlington, Montpelier, and Winooski allow non-citizen residents to vote in municipal and school elections. Each city amended its charter locally, and Winooski’s change became law in June 2021 after the Vermont House overrode the governor’s veto.3Winooski, VT. All-Resident Voting
San Francisco School Board
San Francisco allows non-citizen parents, legal guardians, and caregivers of children living in the city to vote in Board of Education elections. No other race is included. A California Court of Appeal upheld the program in 2023 after a trial court had struck it down the previous year.4SF.gov. Non-Citizen Voting Rights in Local Board of Education Elections
Washington, D.C.
The Local Resident Voting Rights Amendment Act of 2022 lets non-citizen residents of the District vote for mayor, council members, attorney general, State Board of Education, and advisory neighborhood commissioners, and on local ballot initiatives and referendums. The law took effect in February 2023.5D.C. Law Library. D.C. Law 24-242 – Local Resident Voting Rights Amendment Act of 2022
New York City passed a similar law in 2022, but the New York Court of Appeals struck it down, holding that the state constitution reserves voting to citizens. If you live outside one of the specific jurisdictions listed above, assume there is no local exception for you.
Criminal Penalties for Voting as a Non-Citizen
Two federal statutes create criminal exposure. The first, 18 U.S.C. § 611, punishes voting itself in a federal election with up to one year in prison plus a fine.1Office of the Law Revision Counsel. 18 USC 611 – Voting by Aliens
The second is more severe. Under 18 U.S.C. § 1015(f), anyone who falsely claims to be a U.S. citizen in order to register or to vote in any election — federal, state, or local — faces up to five years in prison and a fine. The false claim on the registration form is enough to trigger this statute even if the person never actually casts a ballot.6Office of the Law Revision Counsel. 18 US Code 1015 – Naturalization, Citizenship or Alien Registry
Immigration Consequences
For most non-citizens, the immigration fallout is worse than the criminal penalty. Voting illegally can cost you your green card, your ability to return to the country if you leave, and any chance of becoming a citizen.
Deportation
Under 8 U.S.C. § 1227(a)(6), a non-citizen who has voted in violation of any federal, state, or local law is deportable. There is no minimum threshold. A single ballot in a single election is enough, and the rule reaches lawful permanent residents who have lived in the United States for decades.7Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens
Inadmissibility
A companion provision, 8 U.S.C. § 1182(a)(10)(D), makes any non-citizen who has voted unlawfully inadmissible to the United States. Someone who leaves the country voluntarily cannot return, and adjustment-of-status applications and other benefits that require admissibility are blocked.8Office of the Law Revision Counsel. 8 USC 1182 – Inadmissible Aliens
Naturalization
Naturalization applicants must show good moral character during the statutory period before filing. USCIS treats unlawful voting or a knowingly false claim to citizenship as an unlawful act that prevents an applicant from meeting that requirement. Form N-400 asks directly about voting history, and USCIS investigates any discrepancies. Many people first learn that a years-old registration is a problem when they apply for citizenship.9USCIS. USCIS Policy Manual Volume 12 Part F – Good Moral Character
The Narrow Exception
Federal law provides one safe harbor. The criminal penalty under 18 U.S.C. § 611 does not apply, and the deportation and inadmissibility grounds do not apply, if all three of these are true: both of the person’s natural or adoptive parents are or were U.S. citizens, the person permanently lived in the United States before turning 16, and the person reasonably believed at the time of voting that they were a citizen.1Office of the Law Revision Counsel. 18 USC 611 – Voting by Aliens7Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens
All three conditions have to be met. The exception is designed for people raised in American households who had every reason to think they were citizens, not for people who knew their status and voted anyway.
If You Were Registered by Accident
Not everyone on a voter roll got there on purpose. Federal law has required states to offer voter registration at motor vehicle offices since 1995, and non-citizens applying for driver’s licenses or state IDs have sometimes ended up registered through clerical errors, confusing forms, or miscommunication between the DMV and election officials. Some non-citizens have checked a citizenship box by mistake on paperwork they did not fully understand.
If you find out you are registered, do not vote. Contact your local election office and ask to be removed from the rolls, and keep written proof of your request. If you are pursuing naturalization or any other immigration benefit, talk to an immigration attorney about documenting that the registration was accidental and that you never cast a ballot. USCIS distinguishes between a knowing false claim and an inadvertent mistake, and that distinction can decide the outcome of your case.10USAGov. Who Can and Cannot Vote