Former President Donald Trump and House Speaker Mike Johnson recently unveiled new legislation aimed at cracking down on noncitizen voting. Despite the fact that noncitizen voting is already illegal and occurs rarely, Johnson proposed a bill that would require documentary proof of citizenship to register to vote. This announcement was made at Mar-a-Lago, with Trump by his side, as he seeks to address challenges from the right. Johnson argued that it is common sense to only allow U.S. citizens to vote in American elections, bringing up the false claim that many people are registering to vote when they receive welfare benefits.
The reality is that it is already a crime to register or vote as a noncitizen in both state and federal elections. While some localities like Washington, D.C., and a few municipalities in California, Maryland, and Vermont allow noncitizen voting in local elections, the instances of this are minimal. According to Sean Morales-Doyle of the Brennan Center for Justice, the consequences of noncitizen voting are severe, with potential jail time, fines, or even deportation. The paper trail left behind by registering and voting as a noncitizen makes it easy to catch perpetrators, as elected officials are required to review these records regularly.
On the other hand, a requirement for documentary proof of citizenship could disenfranchise millions of Americans who lack access to passports or birth certificates. While some states have attempted to implement this requirement in the past, federal law currently prohibits it in federal elections, with Arizona being an exception. Investigations into noncitizen voting have found very little evidence to support claims of widespread fraud. The Brennan Center reported only 30 suspected noncitizen votes out of 23.5 million votes in 2016, representing an infinitesimal fraction of the total votes cast.
Despite the lack of concrete evidence, both Johnson and Trump continue to push forward with baseless claims about election integrity and noncitizen voting. Johnson has been vocal about conspiracy theories surrounding the 2020 election and even supported lawsuits attempting to overturn election results in states where Trump lost. Trump, on the other hand, has long used the topics of immigration and voter fraud to rally his supporters. Justin Levitt, an election policy expert, pointed out that these claims may resonate with certain individuals who already hold negative views towards immigrants, even if they are not entirely based on facts.
In reality, instances of noncitizens voting are often due to misunderstandings or mistakes. Levitt recalled an incident where California residents seeking naturalization were mistakenly informed that they had been granted citizenship. Believing they were eligible to vote, they registered immediately but later found out that they had not been officially sworn in as citizens. This type of confusion, rather than organized fraud, is more commonly the reason behind noncitizen voting.
Overall, the proposed legislation to require documentary proof of citizenship for voting seems to be a solution in search of a problem. With minimal evidence of noncitizen voting and the potential for disenfranchising eligible voters, lawmakers should focus on addressing real issues that impact the integrity of elections rather than creating unnecessary barriers for citizens.
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