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Illegal voting by noncitizens is rare, yet Republicans are making it a major issue this election

Some Democrats contend it's all unnecessary and could create hurdles for legal voters

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Photo by Phil Hearing / Unsplash

Only U.S. citizens are eligible to vote in this fall's election for president and other top offices. While that is nothing new, the potential for noncitizens to register or vote has been receiving a lot of attention lately.

Citing an influx of immigrants in recent years at the U.S.-Mexico border, Republicans have raised concerns about the possibility that noncitizens will be voting and they have taken steps in numerous states to address that prospect, even though cases of noncitizens actually voting are rare.

GOP officials have undertaken reviews of voter rolls, issued executive orders and placed constitutional amendments on state ballots as part of an emphasis on thwarting noncitizen voting. Some Democrats contend the measures could create hurdles for legal voters, are unnecessary and lead people to believe the problem of noncitizens voting is bigger than it really is.

What does the law say?

1996 U.S. law makes it illegal for noncitizens to vote in elections for president or members of Congress. Violators can be fined and imprisoned for up to a year. They can also be deported.

When people register to vote, they confirm under penalty of perjury that they are U.S. citizens. Federal law requires states to regularly maintain their voter rolls and remove anyone who is ineligible, a process that could identify immigrants living in the country illegally.

No state constitutions explicitly allow noncitizens to vote, and many states have laws that prohibit noncitizens from voting for state offices such as governor or attorney general. But some municipalities in California, Maryland and Vermont, as well as the District of Columbia, do allow voting by noncitizens in some local elections such as for school board and city council.

What does the data say?

Voting by noncitizens is rare. Yet Republican officials have highlighted voter registration reviews that turned up potential noncitizens.

Read the rest at WHAS.

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