Christian Smith
(NewsNation) —Noncitizen immigrants were able to vote in Washington D.C. on Tuesday under a new law that expands voting rights to noncitizen residents in local elections.
As the law took effect this week, it also drew significant pushback and criticism, largely from Republican lawmakers who say only American citizens should have the right to vote.
D.C. has no voting representative in Congress, but the House passed a bill last month to block noncitizens from voting in D.C. The bill is unlikely to advance in the Democratic-controlled Senate.
“I find it inconceivable that the Washington City Council would intentionally dilute the voting power of its constituents,” said Rep. August Pfluger, R-Texas, the bill’s sponsor, reported by the Washington Publish.
The D.C. Board of Elections said it has been inundated with abusive and angry calls from people who oppose noncitizens voting, Monica Evans, the office’s executive director, told The Guardian.
“It’s a little disturbing when you get messages like that,” Evans said of the harassment, especially in a nonpartisan office, “when we show up and do our jobs.”
Is the new law legal?
DC legally approved the Local Resident Voting Rights Amendment Act in 2022, but the law came into force for the first time this week.
The law eliminates the citizenship requirement to vote in municipal elections, allowing non-citizen residents to vote in local elections.
Federal law prohibits non-citizens from voting in federal elections, but does not prevent non-citizens from voting in state or local elections.
Under D.C. law, noncitizens can vote on local officials, local initiatives, referendums, recalls, or charter amendment measures. The law also allows non-citizen residents to run for positions in the D.C. government and serve on the city’s Board of Elections.
However, they receive a different ballot than U.S. citizens, which only includes local races, The Guardian reported.
Non-citizens are eligible to vote if they are at least 18 years of age on Election Day, have resided in DC for at least 30 days prior to the election, have not been found by a court to be legally incompetent to vote, and do not claim the right to vote in any state, territory or country.
The legality of the law could be challenged in court, but until that happens, it will remain in effect.
Can non-citizens of DC vote in presidential elections?
Noncitizens are prohibited by Illegal immigration reform and the Immigrant Responsibility Act of 1996 to vote in federal elections, which include presidential elections.
DC law does not allow non-citizens to vote in federal elections.
Where else is this happening?
In addition to the District of Columbia, three states have municipalities that allow noncitizens to vote in certain local elections, according to the Bipartisan Policy Center .
Some cities in Maryland It is Vermont allow noncitizens to vote in municipal elections, according to the group.
New York City enacted a law allowing non-citizens to vote in local elections in 2021, but it was considered unconstitutional by a state judge in 2022.
San Francisco allows non-citizen residents who are parents and guardians to vote in school board elections with oakland trying to enact similar legislation, according to the group.
Currently, no state allows non-citizens to vote in state elections.
About how many non-citizens are eligible to vote in DC?
According to Migration Policy Institute, DC has nearly 100,000 non-citizen residents.
If they meet all the criteria required by DC voting law, everyone can ostensibly qualify to vote.
539 noncitizens registered to vote this year and about 500 have already done so, according to the D.C. Board of Elections.
Voters include 310 registered as Democrats, 169 independents, 28 Republicans and 16 state greens, The Washington Post reported.
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