Thread: The right of non citizens to vote in Federal elections.

I got into a little difference of opinion over illegals voting in Federal elections. The person that I opposed was convinced that Pylor vs Doe allowed illegals to vote in a Federal election below is my answer. Input anyone?

Section 8 is at the bottom. English, as part of the literacy test is required for citizenship. It is illegal for anyone that is not a citizen, including a Green Card holder to vote in a FEDERAL election. Some states are pandering and allowing non-citizens to vote on local matters, but according to what it says here, that voting must be separate from the voting for President, Vice President, Senator, Congressman etc. -- Federal offices.

Last updated: 06/03/2010

The Right to Vote

One of the most important privileges of democracy in the United States of America is the right to participate in choosing elected officials through voting in elections. There are many different types of elections in the United States, such as federal elections, state elections or local elections. Only U.S. citizens can vote in federal elections. Registering to vote or voting in a federal election is a crime if you are not a U.S. citizen. Non-U.S. citizens, including permanent residents (green card holders), who vote, or register to vote, in a federal election also can be denied naturalization and/or removed (deported) from the United States.

There are very few jurisdictions where a non-U.S. citizen may vote in a local election. However, this web site does not provide information regarding voting qualifications for state and local elections. You can obtain information regarding voting qualifications in local elections from your local voting authority. It is important to remember that even if you are allowed to vote in a local election, you are not eligible to vote in a federal election if you are not a U.S. citizen, nor in any other election that requires you to be a U.S. citizen.

http://www.uscis.gov/portal/site/uscis/ ... b9ac8924...

Appendix 74-9 Legal Consequences of Voting by an Alien Prior to Naturalization.

The following is the text of a memorandum prepared by the Office of General Counsel for the Office of Programs and issued on February 13, 1997:

ISSUE PRESENTED

What legal consequences can result from an alien's voting in an election prior to completing the naturalization process?

BRIEF ANSWER

Any alien who votes in an election prior to completing the naturalization process could be subject to both criminal penalties and removal. However, an alien who is inadmissible or deportable based on unlawfully voting or falsely claiming to be a citizen in connection therewith may be eligible for certain forms of relief from removal.

DISCUSSION

A. Criminal Provisions

Section 216 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) created a new Section 611, entitled “ Voting by Aliens ," under Title I8 of the United States Code. That new section, effective as of September 30, 1996, provides that "[i]t shall be unlawful for any alien to vote in any election held solely or in part for the purpose of electing a candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Residential Commissioner" unless the election also has some other purpose for which aliens are author ized to vote in that jurisdiction and the voting for that other purpose is conducted independently. The wording of §611 does not include specific intent as an element of the crime. In other words, there is no requirement that the alien must have voted with the knowledge that he or she was not legally entitled to do so. Instead, unlawful voting under §611 is a general intent crime, and thus the prosecutor is only required to demonstrate that the accused alien intentionally and voluntarily voted. However, a charge under §611 may still prove difficult to sustain, for the prosecutor must establish that the alien actually voted; merely registering to vote is not punishable under the statute. An alien who violates this law may be fined, imprisoned for up to a year, or both.

An alien's voting in an election prior to completing the naturalization process may implicate a second new criminal offense created by Section 215 of the IIRIRA. New subsection (f) of 18 U.S.C. §1015, also effective as of September 30, 1996, provides that "[w]hoever knowingly makes any false statement or claim that he is a citizen of the United States in order to register to vote or to vote in any Federal, State, or local election (including an initiative, recall, or referendum)" shall be guilty of a felon y punishable by a fine, imprisonment up to five years, or both. Unlike 18 U.S.C. §611, this statute expressly requires that the alien's action be “ knowing â€

You are right Plyler vs Doe does not have anything to do with voting in federal elections. One thing I would like to add is that most of the illegal voters are green card holders.

Of course, Plyler vs Doe has nothing to do with conveying voting rights whatsoever to non-citizens. Unfortunately, illegal invaders and their supporters are ignorant and do not really care about what the law says. Their only concern is pushing through their agenda, based upon flat out lies and anarchy.

Plyler v. Doe and the companion case cojoined was Texas v. Certain Named and Unanamed Alien Children . 1982 457 U.S. 202

Dealt with 14th Amendment issues , Nothing to do with voting rights. Plyler said Illegal Alien Childeren had the right to education regardless of legal status , and The companion case said you cannot charge for that service.,, IN a Nutshell

Interestingly enough the right to vote is not an enumerated Constitutional right . It really falls under the 10th Amendment more so as the states have the power to determine who actually votes so long as it does not conflict with Constitutional law. It is an " implied" right Constitutionally speaking as relates to " The People." Later Amendments address the issues of who gets to vote. , 15th, 19th, and 26th Amendments address this issue as well as the 14th in a way making slaves Citizens and the Native American Citizenship Act of 1924.

dsprtt wrote:

Plyler v. Doe and the companion case cojoined was Texas v. Certain Named and Unanamed Alien Children . 1982 457 U.S. 202

Dealt with 14th Amendment issues , Nothing to do with voting rights. Plyler said Illegal Alien Childeren had the right to education regardless of legal status , and The companion case said you cannot charge for that service.,, IN a Nutshell

I did research Plyler v. Doe and I read it the same way.

I think that that people just throw out case law that they have heard about and know nothing of.
Thanks guys!!