18 U.S.C. 611 generally prohibits a noncitizen from voting in an election that includes specified federal offices. Lawful permanent residence and possession of a driver’s license do not confer a federal vote. Local permission cannot authorize voting for federal candidates. [1]
Elements and penalties
An individual’s ordinary maximum fine for this one-year offense is $100,000 under the federal fine statute. [2] The maximum imprisonment under this section is one year. A mixed election exception requires authorized nonfederal voting conducted independently so the noncitizen cannot vote for federal candidates. A narrow parental-citizenship, residence-before-16, and reasonable-belief exception has three cumulative requirements. [1]
The parental-citizenship exception requires both parents to be or have been citizens, residence in the United States before sixteen, and a reasonable belief of citizenship at the time of voting. Meeting only one condition is insufficient. The local-election exception likewise requires an independent process preventing federal voting, not merely a local ordinance allowing some noncitizen participation. Voter registration and an actual ballot should be reviewed separately. [1]
What to examine in the actual case
- Separate registration activity from the election in which a ballot was cast.
- Check whether federal candidates appeared in the voting process used.
- If claiming the belief exception, document both parents’ citizenship, early residence, and the basis for the belief.
Practical example
A city permits certain noncitizens to vote in a municipal contest. A voter must still use the separately authorized process and cannot assume the same permission extends to congressional candidates.
For related situations, see criminal bars to adjustment of status and naturalization after probation.
Primary sources
Sources checked: October 31, 2026.