Can Illegal Aliens Vote?

There is much speculation and talk about why so many illegals are being allowed to enter our country, and that one aspect may have to do with building a base of voters, more so for the democratic party. 

In 2021, the White House announced Executive Order (EO) 14019, Promoting Access to Voting. It begins by addressing voting discrimination with barriers to polls, long lines, voter ID requirements, language barriers, and a host of other discriminatory inequities, and that it is the duty of all government levels to promote the right to vote and partner together to ensure access to voting is easy.

To correct this travesty, the EO provides that agencies will promote ways to provide information through public materials, websites, online forms, social media platforms, and direction on how to register to vote, request a vote-by-mail ballot, and cast a ballot. In addition, it provides for distribution of voter registration and vote-by-mail ballot application forms, and “ways to facilitate seamless transition from (federal) agencies’ websites directly to State online systems.” Access to multilingual voter registration and election information will also be made available, and to “Voter Registration for Eligible Individuals in Federal Custody“. It also supersedes EO 12926—Implementation of the National Voter Registration Act of 1993.

Fortunately, EO 14019 is being challenged and is headed to the Supreme Court.

For corrections to these inequities, the EO stipulates that agencies will promote ways to provide information that directly engages with the public such as materials, websites, online forms, social media platforms, how to register to vote and request a vote-by-mail ballot, and how to cast a ballot. In addition, it provides for distribution of voter registration and vote-by-mail ballot application forms, and “ways to facilitate seamless transition from agencies’ websites directly to State online systems.” Also made available will be access to multilingual voter registration and election information, and to Voter Registration for Eligible Individuals in Federal Custody. It also supersedes EO 12926—Implementation of the National Voter Registration Act of 1993.

Federal law, 18 U.S. Code § 611 – Voting by aliens, states:

(a) It shall be unlawful for any alien to vote in any election held solely or in part for the purpose of electing a candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, unless—

1. the election is held partly for some other purpose
2. aliens are authorized to vote for such other purpose under a State constitution or statute or a local ordinance; and
3. voting for such other purpose is conducted independently of voting for a candidate for such Federal offices, in such a manner that an alien has the opportunity to vote for such other purpose, but not an opportunity to vote for a candidate for any one or more of such Federal offices.

(b) Any person who violates this section shall be fined under this title, imprisoned not more than one year, or both.

However, it is this subsection that is interesting:

(c) Subsection (a) does not apply to an alien if—

1. each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization);
2. the alien permanently resided in the United States prior to attaining the age of 16; and
3. the alien reasonably believed at the time of voting in violation of such subsection that he or she was a citizen of the United States.

This is similar to all the other inane beliefs now, if you believe, feel, or think it, it is.

So, during the time that access to voting information and registration is provided, would advocates of this process also be inclined to imply and impress upon the individual that registering means they can vote? How is citizenship status verified by these groups? Certainly, the League of Women Voters doesn’t like the idea of asking. What if an illegal alien was left with the impression that now in America, they believe they do have the right to vote, especially by the mere fact they are given the information and registration to do so?

Pretending for just one moment that is the case, the amount of mayhem this would cause in the next election, and trying to untangle who voted just because they “believed” they could, would create such a magnitude of chaos that determining the official results may become almost impossible. Arizona has already found this to be a problem.

Currently, Idaho law prohibits non-citizens from voting or registering to vote in the state but on the ballot this fall will be the Idaho Citizenship Requirement for Voting Amendment proposal that would create an amendment to the Idaho Constitution requiring U.S. citizenship in order to vote. Other states have similar laws. Based on other state cases, using procedures that actually determine if a person is eligible to vote for federal candidates may be shot down. If not allowed, how is a state supposed to determine if someone is a U.S. citizen or not?

Hopefully this issue will reach the Supreme Court before November, but in reality, it won’t stop the advocacy groups from engaging in this activity just as they have done before.