Analysis of Voting Rights for Non-Citizens

By: Leila Paltrowitz

In June of this year, a bill that would allow non-citizens in New York City the right to vote in local elections received supermajority support, suggesting a high probability that it passes in a hearing next month. Enfranchising non-citizens is far from a new concept, as New York activists have been working towards achieving it for decades, but it is only recently that the effort has had sufficient momentum to succeed. This push for allowing non-citizens to vote is not an isolated event, rather occurring in cities across the country, with Chicago and D.C. attempting to pass similar bills and Montepelier and Winooski Vermont succeeding in granting everyone the right to vote regardless of citizen status just a few weeks ago. The fact that these efforts to extend voting rights to non-citizens, existing but never picking up steam, are now blossoming across the country, suggests a shifting tide in the country’s stance on immigrants.

In 1992 when Takoma Park Maryland became the first municipality in the country to grant non-citizens the right to vote in an effort to allow those on the path to citizenship a way to be more involved in community matters, the notion was perceived as preposterous by much of the country on both sides of the political divide and faced significant backlash. Yet now, as various cities are attempting to enact such policies, they face some disapproval, but practice of doing so is far more accepted. The trend towards having non-citizens vote be more of the norm in certain places is reflective of the shifting acceptance of non-citizens and their rights in American cities.

For the 900,000 New Yorkers who are permanent residents or have work authorizations but have no path to citizenship, and the millions of others in similar situations across the country, this bill would be instrumental in validating their place and rights in this country. For non-citizens, many of whom have lived in and contributed to their cities for decades, the bill would amend the taxation without representation that they are subject to and emphasize their rights as Americans. It would also shift the local political landscape to reflect the immigrant population, as the over 10% of New Yorkers who would gain the right to vote could significantly impact city politics, from mayoral elections to choosing city council members to school board elections.

Despite the influx of support for this legislation and the clear rationale for enacting these bills, many barriers remain to making non-citizens eligible to vote nationwide. While New York and a handful of other cities have been pushing to increase voting rights for non-citizens, entire states have done the exact opposite. In the past few years, Alabama, Colorado, North Dakota, and Florida have chosen to amend their constitutions to guarantee that US Citizens were the only ones entitled to vote. Additionally, despite the increased welcomeness to immigrants in the Biden era, it remains the case that on the national level, only citizens can vote in federal elections. While there is undoubtedly a movement to allow non-citizens to vote, there is also significant disapproval and it remains to be seen how widespread the practice will ultimately be.

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