Right of foreigners to vote in the United States
Encyclopedia
The right of foreigners to vote in the United States has historically been a contentious issue. A foreigner
, in this context, is a person who is not citizen of the United States.
Over 40 states or territories, including colonies before the Declaration of Independence
, have at some time admitted aliens voting rights
for some or all elections . In 1874, the Supreme Court in Minor v. Happersett
noted that "citizenship has not in all cases been made a condition precedent to the enjoyment of the right of suffrage. Thus, in Missouri, persons of foreign birth, who have declared their intention to become citizens of the United States, may under certain circumstances vote."
By 1900, nearly one-half of the states and territories had some experience with voting by aliens, and for some the experience lasted more than half a century. At the turn of the twentieth century, anti-immigration feeling ran very high, and Alabama stopped allowing aliens to vote by way of a constitutional change in 1901; Colorado followed suit in 1902, Wisconsin in 1908, and Oregon in 1914. Just as the nationalism unleashed by the War of 1812 helped to reverse the alien suffrage policies inherited from the late eighteenth century, World War I caused a sweeping retreat from the progressive alien suffrage policies of the late nineteenth century. In 1918, Kansas, Nebraska, and South Dakota all changed their constitutions to purge alien suffrage, and Texas ended the practice of non-citizen voting in primary elections by statute. Indiana and Texas joined the trend in 1921, followed by Mississippi in 1924 and, finally, Arkansas in 1926. In 1931, political scientist Leon Aylsworth noted: "For the first time in over a hundred years, a national election was held in 1928 in which no alien in any state had the right to cast a vote for a candidate for any office -- national, state, or local."
Only U.S. citizens have the right to vote in federal elections, and it is a federal crime for a non-citizen to vote in a federal election or to register to vote in one. "Non-citizen voting has been extinct since Arkansas became the last state to ban it in 1926."
Illinois
Massachusetts
Northwest Territory
1787 Northwest Ordinance
(valid until 1803) "Provided, That no person be eligible or qualified to act as a representative unless he shall have been a citizen of one of the United States three years, and be a resident in the district, or unless he shall have resided in the district three years; and, in either case, shall likewise hold in his own right, in fee simple, two hundred acres of land within the same; Provided, also, That a freehold in 50 acres (202,343 m²) of land in the district, having been a citizen of one of the states, and being resident in the district, or the like freehold and two years residence in the district, shall be necessary to qualify a man as an elector of a representative."
Ohio
Pennsylvania
Vermont
Virginia
Alabama
Arkansas
Florida
Georgia
Indiana
Kansas
Michigan
Texas
Wisconsin
, an American law professor and politician, has argued that the blanket exclusion of noncitizens from the ballot is neither constitutionally required nor historically normal . A Manhattan Community College political science professor and rights activist, Ron Hayduk, wrote in 2006 a book entitled Democracy For All: Restoring Immigrant Voting Rights In The United States, presenting additional elements of the historical and present reality of noncitizens voting rights in the United States .
ended noncitizen voting rights for state and federal elections in 1851, but its constitution recognizes the autonomy of local municipalities and localities on the subject. As of February, 2008, one city, three towns, and three villages in Montgomery County
have introduced bills to restore the right to vote to foreigners within their jurisdictions. Barnesville
(since 1918), Martin's Additions
and Somerset
(since 1976), Takoma Park
(since 1991) and Garrett Park
(since 1999), Chevy Chase Section 3
and Chevy Chase Section 5
.
have introduced bills to confer foreigners the right to vote. The municipal assembly in the city of Newton
introduced a bill to this effect in 2004, while Amherst
and Cambridge
did so in 1998.
However, as of February, 2008, the proposals have not yet been approved by the state's assembly.
Alien (law)
In law, an alien is a person in a country who is not a citizen of that country.-Categorization:Types of "alien" persons are:*An alien who is legally permitted to remain in a country which is foreign to him or her. On specified terms, this kind of alien may be called a legal alien of that country...
, in this context, is a person who is not citizen of the United States.
Over 40 states or territories, including colonies before the Declaration of Independence
United States Declaration of Independence
The Declaration of Independence was a statement adopted by the Continental Congress on July 4, 1776, which announced that the thirteen American colonies then at war with Great Britain regarded themselves as independent states, and no longer a part of the British Empire. John Adams put forth a...
, have at some time admitted aliens voting rights
Right of foreigners to vote
Suffrage, the right to vote in a particular country, generally derives from citizenship. In most countries, the right to vote is reserved to those who possess the citizenship of the country in question. Some countries, however, have extended suffrage rights to non-citizens...
for some or all elections . In 1874, the Supreme Court in Minor v. Happersett
Minor v. Happersett
Minor v. Happersett, , was a United States Supreme Court case appealed from the Supreme Court of Missouri concerning the Missouri law which ordained "Every male citizen of the United States shall be entitled to vote."...
noted that "citizenship has not in all cases been made a condition precedent to the enjoyment of the right of suffrage. Thus, in Missouri, persons of foreign birth, who have declared their intention to become citizens of the United States, may under certain circumstances vote."
By 1900, nearly one-half of the states and territories had some experience with voting by aliens, and for some the experience lasted more than half a century. At the turn of the twentieth century, anti-immigration feeling ran very high, and Alabama stopped allowing aliens to vote by way of a constitutional change in 1901; Colorado followed suit in 1902, Wisconsin in 1908, and Oregon in 1914. Just as the nationalism unleashed by the War of 1812 helped to reverse the alien suffrage policies inherited from the late eighteenth century, World War I caused a sweeping retreat from the progressive alien suffrage policies of the late nineteenth century. In 1918, Kansas, Nebraska, and South Dakota all changed their constitutions to purge alien suffrage, and Texas ended the practice of non-citizen voting in primary elections by statute. Indiana and Texas joined the trend in 1921, followed by Mississippi in 1924 and, finally, Arkansas in 1926. In 1931, political scientist Leon Aylsworth noted: "For the first time in over a hundred years, a national election was held in 1928 in which no alien in any state had the right to cast a vote for a candidate for any office -- national, state, or local."
Only U.S. citizens have the right to vote in federal elections, and it is a federal crime for a non-citizen to vote in a federal election or to register to vote in one. "Non-citizen voting has been extinct since Arkansas became the last state to ban it in 1926."
IllinoisIllinoisIllinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
- Article 27 of the 1818 Illinois Constitution: "In all elections, all white male inhabitants above the age of 21 years, having resided in the state six months next preceding the election, shall enjoy the right of an elector"
- 1848: end of alien suffrage by constitutional amendment, but noncitizens who were present in 1848 were grandfathered .
MassachusettsMassachusettsThe Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
- 1780 Massachusetts ConstitutionMassachusetts ConstitutionThe Constitution of the Commonwealth of Massachusetts is the fundamental governing document of the Commonwealth of Massachusetts, one of the 50 individual state governments that make up the United States of America. It was drafted by John Adams, Samuel Adams, and James Bowdoin during the...
:- Article IV (Chapter I., Section III. House of Representatives) : "Every male person, being twenty-one years of age, and resident in any particular town in this Commonwealth for the space of one year next preceding, having a freehold estate within the same town, of the annual income of three pounds, or any estate of the value of sixty pounds, shall have a right to vote in the choice of a Representative or Representatives for the said town."
- Article II (Chapter I, Section II. Senate): "every male inhabitant of twenty-one years of age and upwards, having a freehold estate within the Commonwealth, of the annual income of three pounds, or any estate of the value of sixty pounds, shall have a right to give in his vote for the Senators for the district of which he is an inhabitant. And to remove all doubts concerning the meaning of the word "inhabitant" in this constitution, every person shall be considered as an inhabitant, for the purpose of electing and being elected into any office, or place within this State, in that town, district, or plantation, where he dwelleth, or hath his home."
Northwest TerritoryNorthwest TerritoryThe Territory Northwest of the River Ohio, more commonly known as the Northwest Territory, was an organized incorporated territory of the United States that existed from July 13, 1787, until March 1, 1803, when the southeastern portion of the territory was admitted to the Union as the state of Ohio...
1787 Northwest OrdinanceNorthwest Ordinance
The Northwest Ordinance was an act of the Congress of the Confederation of the United States, passed July 13, 1787...
(valid until 1803) "Provided, That no person be eligible or qualified to act as a representative unless he shall have been a citizen of one of the United States three years, and be a resident in the district, or unless he shall have resided in the district three years; and, in either case, shall likewise hold in his own right, in fee simple, two hundred acres of land within the same; Provided, also, That a freehold in 50 acres (202,343 m²) of land in the district, having been a citizen of one of the states, and being resident in the district, or the like freehold and two years residence in the district, shall be necessary to qualify a man as an elector of a representative."
OhioOhioOhio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
- 1802 Constitution: "In all elections, all white male inhabitants above the age of twenty-one years, having resided in the State one year next preceding the election, and who have paid or are charged with a State or county tax, shall enjoy the right of an elector"
- 1851: end of aliens voting rights
PennsylvaniaPennsylvaniaThe Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
- 1776 ConstitutionPennsylvania Constitution of 1776The Pennsylvania Constitution of 1776 was the state's first constitution following the Declaration of Independence, and has been described as the most democratic in America. It was drafted by Robert Whitehill, Timothy Matlack, Dr. Thomas Young, George Bryan, James Cannon, and Benjamin Franklin...
: "all free men having a sufficient evident common interest with, and attachment to the community, have a right to elect officers, or to be elected into office" - 1790 Constitution (Art. III section 1.): "In elections by the citizens, every freeman of the age of twenty-one years, having resided in the State two years next before the election, and within that time paid a State or county tax, which shall have been assessed at least six months before the election, shall enjoy the rights of an elector: Provided, That the sons of persons qualified asaforesaid, between the ages of twenty-one and twenty-two years, shall be entitled to vote, although they shall not have paid taxes."
- 1838 Constitution (Art. III, section 1.): "In elections by the citizens, every white freeman of the age of twenty-one years, having resided in this State one year, and in the election-district where he offers to vote ten days immediately preceding such election, and within two years paid a State or county tax, which shall have been assessed at least ten days before the election, shall enjoy the rights of an elector. (...)"
- 1874 Constitution (Article VIII, section 1.): "Every male citizen twenty-one years of age, possessing the following qualifications, shall be entitled to vote at all elections: First—He shall have been a citizen of the United States at least one month. (...)"
VermontVermontVermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
- 1776 and 1786 Constitutions: "all freemen. having a sufficient, evident, common interest with, and attachment to the community, have a right to elect officers, or be elected into office."
- 1793 Constitution (Section 21st): "Every man of the full age of twenty one years, having resided in this State for the space of one whole year next before the election of Representatives, and is of a quiet and peaceable behaviour, and will take the following oath or affirmation, shall be entitled to all the privileges of a freeman of this State. "You solemnly swear (or affirm) that whenever you give your vote or suffrage, touching any matter that concerns the State of Vermont, you will do it so as in your conscience you shall judge will most conduce to the best good of the same, as established by the constitution, without fear or favour of any man." "
- 1828: end of alien suffrage for federal elections; but still up to 1977 for local elections .
VirginiaVirginiaThe Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
- 1776 Virginia Bill of Rights: "all men, having sufficient evidence of permanent common interest with, and attachment to, the community, have the right of suffrage"
- 1850: end of aliens voting rights
AlabamaAlabamaAlabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
- 1868: "Every male person, born in the United States, and every male person who has been naturalized, or who has legally declared his intention to become a citizen of the United States, twenty-one years old or upward, who shall have resided in this State six months next preceding the election, and three months in the county in which he offers to vote, except as hereinafter provided, shall be deemed an elector"
- 1901: "Every male citizen of this state who is a citizen of the United States, and every male resident of foreign birth, who, before the ratification of this Constitution, shall have legally declared his intention to become a citizen of the United States, twenty-one years old or upwards, not laboring under any of the disabilities named in this article, and possessing the qualifications required by it, shall be an elector, and shall be entitled to vote at any election by the people; provided, that all foreigners who have legally declared their intention to become citizens of the United States, shall, if they fail to become citizens thereof at the time they are entitled to become such, cease to have the right to vote until they become such citizens"
ArkansasArkansasArkansas is a state located in the southern region of the United States. Its name is an Algonquian name of the Quapaw Indians. Arkansas shares borders with six states , and its eastern border is largely defined by the Mississippi River...
- 1874: "Every male citizen of the United States, or male person who has declared his intention of becoming a citizen of the same, of the age of twenty-one years, who has resided in the State twelve months, and in the county six months, and in the voting precinct or ward one month, next preceding any election, where he may propose to vote, shall be entitled to vote at all elections by the people."
- 1926: end of aliens voting rights
FloridaFloridaFlorida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
- 1868: "Every male person of the age of twenty-one years and upwards, of whatever race, color, nationality, or previous condition, who shall, at the time of offering to vote, be a citizen of the United States, or who shall have declared his intention to become such in conformity to the laws of the United States, and who shall have resided and had his habitation, domicil, home, and place of permanent abode in Florida for one year, and in the county for six months, next preceding the election at which he shall offer to vote, shall in such county be deemed a qualified elector at all elections under this Constitution."
- 1894: end of aliens voting rights
GeorgiaGeorgia (U.S. state)Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
- 1868 "Every male person born in the United States and every male person who has been naturalized, or who has legally declared his intention to become a citizen of the United States, twenty-one years old or upward, who shall have resided in this State six months next preceding the election, and shall have resided thirty days in the county in which he offers to vote, and shall have paid all taxes which may have been required of him, and which he may have had an opportunity of paying, agreeably to law, for the year next preceding the election (except as hereinafter provided), shall be deemed an elector"
- 1877: end of aliens voting rights
IndianaIndianaIndiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
- 1851: "In all elections, not otherwise provided for by this Constitution, every white male citizen of the United States, of the age of twenty-one years and upwards, who shall have resided in the State during the six months immediately preceding such election; and every white male, of foreign birth, of the age of twenty-one years and upwards, who shall have resided in the United States one year, and shall have resided in the State during the six months immediately preceding such election, and shall have declared his intention to become a citizen of the United States, conformably to the laws of the United States on the subject of naturalization; shall be entitled to vote, in the township or precinct where he may reside."; "No Negro or Mulatto shall have the right of suffrage"
- 1921: end of aliens voting rights
KansasKansasKansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south...
- 1859: "Every white male person, of twenty-one years and upward, belonging to either of the following classes, who shall have resided in Kansas six months next preceding any election, and in the township or ward in which he offers to vote at least thirty days next preceding such election, shall be deemed a qualified elector: First, Citizens of the United States. Second, Persons of foreign birth who shall have declared their intention to become citizens, conformably to the laws of the United States on the subject of naturalization."
- 1918: end of aliens voting rights
MichiganMichiganMichigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
- 1850: "In all elections, every male inhabitant of this State, being a citizen of the United States, every male inhabitant residing in this State on the twenty-fourth day of June, eighteen hundred and thirty-five, every male inhabitant residing in this State on the first day of January, eighteen hundred and fifty, every male inhabitant of foreign birth who, having resided in the State two years and six months prior to the eighth day of November, eighteen hundred and ninety-four, and having declared his intention to become a citizen of the United States two years and six months prior to said last named day, and every civilized male inhabitant of Indian descent, a native of the United States and not a member of any tribe, shall be an elector and entitled to vote; but no one shall be an elector or entitled to vote at any election unless he shall be above the age of twenty-one years, and has resided in this State six month, and in the township or ward in which he offers to vote, twenty days next preceding such election"
- 1894: end of aliens voting rights
TexasTexasTexas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
- 1876: "Every male person subject to none of the foregoing disqualifications, who shall have attained the age of twenty-one years, and who shall be a citizen of the United States, and who shall have resided in this State one year next preceding an election, and the last six months within the district or county in which he offers to vote, shall be deemed a qualified elector; and every male person of foreign birth, subject to none of the foregoing disqualifications, who, at any time before an election, shall have declared his intention to become a citizen of the United States, in accordance with the federal naturalization laws, and shall have resided in this State one year next preceding such election, and the last six months in the county in which he offers to vote, shall also be deemed a qualified elector"
- 1921
WisconsinWisconsinWisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
- 1848: "Every male person of the age of twenty-one years, or upwards, of the following classes, who shall have resided in this State for one year next preceding any election, shall be deemed a qualified elector at such election. 1st. White citizens of the United States 2d. White persons of foreign birth who shall have declared their intention to become citizens conformably to the laws of the United States on the subject of naturalization (...)"; "No person shall be eligible to the legislature, who shall not not have resided one year within the state, and be a qualified elector in the district he may be chosen to represent."
- 1908
Current status
Jamie RaskinJamie Raskin
Jamie Raskin is an American law professor and politician. He teaches at American University, Washington College of Law, in Washington, D.C. He serves as the Director of the college's LL.M. program on Law and Government...
, an American law professor and politician, has argued that the blanket exclusion of noncitizens from the ballot is neither constitutionally required nor historically normal . A Manhattan Community College political science professor and rights activist, Ron Hayduk, wrote in 2006 a book entitled Democracy For All: Restoring Immigrant Voting Rights In The United States, presenting additional elements of the historical and present reality of noncitizens voting rights in the United States .
California
A proposition which would have allowed all parents of children in the San Francisco school system to vote in school board elections regardless of their immigration or citizenship status was rejected in a November 2004 ballot .Connecticut
An "act concerning voting by resident alien property owners", "to allow alien property owners to vote at town meetings and referenda", was submitted to the Connecticut General Assembly in 2003 .District of Columbia
An "Equitable Voting Rights Amendment Act" was proposed, and rejected in commission, in 2004Maryland
MarylandMaryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
ended noncitizen voting rights for state and federal elections in 1851, but its constitution recognizes the autonomy of local municipalities and localities on the subject. As of February, 2008, one city, three towns, and three villages in Montgomery County
Montgomery County, Maryland
Montgomery County is a county in the U.S. state of Maryland, situated just to the north of Washington, D.C., and southwest of the city of Baltimore. It is one of the most affluent counties in the United States, and has the highest percentage of residents over 25 years of age who hold post-graduate...
have introduced bills to restore the right to vote to foreigners within their jurisdictions. Barnesville
Barnesville, Maryland
Barnesville is a town in Montgomery County, Maryland, United States. It was incorporated in 1888. The population was 161 at the 2000 census.-Geography:Barnesville is located at ....
(since 1918), Martin's Additions
Martin's Additions, Maryland
Martin's Additions is a village in Montgomery County, Maryland, United States. It was established as a Special Tax District in 1916 and incorporated as a village in 1985...
and Somerset
Somerset, Maryland
Somerset is an incorporated town within Chevy Chase in Montgomery County, Maryland, near its border with Washington, D.C.. The population was 1,124 at the 2000 census...
(since 1976), Takoma Park
Takoma Park, Maryland
Takoma Park is a city in Montgomery County, Maryland, United States. It is a suburb of Washington, D.C., and part of the Washington Metropolitan Area. Founded in 1883 and incorporated in 1890, Takoma Park, informally called "Azalea City," is a Tree City USA and a nuclear-free zone...
(since 1991) and Garrett Park
Garrett Park, Maryland
Garrett Park is a town in Montgomery County, Maryland. It was named for a former president of the Baltimore and Ohio Railroad, but whether specifically for John Garrett or Robert W. Garrett is a matter of some disagreement between sources. The population was 917 at the 2000 census...
(since 1999), Chevy Chase Section 3
Chevy Chase Section Three, Maryland
Chevy Chase Section Three is a village in Montgomery County, Maryland, United States. It was originally organized as a Special Tax District in 1916 and later incorporated as a village in 1982...
and Chevy Chase Section 5
Chevy Chase Section Five, Maryland
Chevy Chase Section Five is a village in Montgomery County, Maryland, United States. It was founded as a Special Tax District in 1922 and was incorporated as a village in 1982...
.
Maine
LD 1195, "An Act To Allow Noncitizen Residents To Vote in Municipal Elections", was submitted to the 124th Maine Legislature in 2009 and was voted down.Massachusetts
Three municipal assemblies in the state of MassachusettsMassachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
have introduced bills to confer foreigners the right to vote. The municipal assembly in the city of Newton
Newton, Massachusetts
Newton is a city in Middlesex County, Massachusetts, United States bordered to the east by Boston. According to the 2010 U.S. Census, the population of Newton was 85,146, making it the eleventh largest city in the state.-Villages:...
introduced a bill to this effect in 2004, while Amherst
Amherst, Massachusetts
Amherst is a town in Hampshire County, Massachusetts, United States in the Connecticut River valley. As of the 2010 census, the population was 37,819, making it the largest community in Hampshire County . The town is home to Amherst College, Hampshire College, and the University of Massachusetts...
and Cambridge
Cambridge, Massachusetts
Cambridge is a city in Middlesex County, Massachusetts, United States, in the Greater Boston area. It was named in honor of the University of Cambridge in England, an important center of the Puritan theology embraced by the town's founders. Cambridge is home to two of the world's most prominent...
did so in 1998.
However, as of February, 2008, the proposals have not yet been approved by the state's assembly.