When it comes to securing our elections in New York State and across the country, something happened that every American concerned about democracy and the integrity of our elections should applaud: the House of Representatives passed a bill overturning the ridiculous Washington, DC law that permits noncitizens to vote in local elections. This bill was supported by every House Republican; sadly, a majority of House Democrats voted against the bill. The bill now heads to the U.S. Senate. The Senate must waste no time in considering and approving this proposal.
In 2022, the Washington, DC City Council approved a local law to allow noncitizens to vote in local District of Columbia elections. Under this law, all noncitizen residents of the District of Columbia are allowed to cast a ballot for District of Columbia municipal offices and referenda. Under this truly absurd law, even ambassadors from hostile foreign states such as Russia and Communist China are eligible to vote in local Washington, DC elections. Isn’t this the epitome of foreign interference in US elections?
Sadly, Washington, DC isn’t the only municipal government in recent years to make the awful decision to open up its elections to noncitizens. In 2021, the New York City Council voted to allow noncitizens to vote in the Big Apple’s municipal elections. Thankfully, the New York State courts have held this law to violate the state constitution and blocked it from taking effect. The challenge to New York City’s noncitizen voter law succeeded in the trial court and at the Appellate Division. Advocates of the law and the New York City Council, however, have asked the Court of Appeals — New York State’s highest court — to hear their appeal and allow the law to take effect, so the fight over the permissibility of this horrible New York City law is not over.
While the fight against noncitizen voting has, so far, seen victories in the Empire State, efforts to block noncitizens from the franchise have not been as successful in other states. At least three local governments in Vermont have opened up their municipal elections to noncitizens. Vermont’s highest court, unfortunately, has allowed these local laws to stand.
Because of Washington, DC’s unique status, the House of Representatives wisely exercised its Constitutional authority to overturn the District of Columbia’s noncitizen voter law. Because it is not a state, Congress has the Constitutional authority to overturn a harmful and anti-democratic law like Washington, DC’s noncitizen voter law.
While House Republicans deserve thanks for passing this commonsense bill last week, much more must be done to preserve the integrity of our electoral system and ensure that only American citizens vote in American elections.
Congress must also approve the Safeguard American Voter Eligibility (SAVE) Act. This recently introduced bill — which enjoys strong support from House Republicans — would amend the National Voter Registration Act to require voters to provide proof of citizenship when registering to vote. The SAVE Act would require states to remove noncitizens from voter registration lists. To accomplish this goal, the SAVE Act gives state governments no-cost access to Social Security Administration and Department of Homeland Security databases. The SAVE Act also provides a private right of action so that citizens may sue state governments who fail to uphold their obligation to remove noncitizens from their voter registration records.
Maintaining the integrity of our elections should not be a partisan issue. Defending democracy should not be a partisan issue. Americans of all political persuasions and ideologies should be able to agree that allowing noncitizens to vote infringes upon every American citizen’s right to vote. The House Republicans were right to vote to overturn Washington DC’s noncitizen voter law. The Senate must now do its part and pass this important legislation.
Joseph T. Burns is a Republican election attorney living in Western New York and the former Deputy Director of Election Operations at the New York State Board of Elections. This is the first of a lengthy series in the South Shore Press on Election Integrity. Next week: how the "honor system" allows anyone, regardless of immigration status, to complete and submit a voter registration application.