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Voters to Decide on Permitting Noncitizens to Vote

By Walter Donway

November 6, 2022

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On November 8, 2022, voters in Ohio and Louisiana face on their ballots a vote on whether to permit noncitizens, including possibly illegal aliens, to vote in elections. The two states are deciding the same basic issue, so, here, we will focus only on Ohio. Ohio Issue 2, the Citizen Voting Requirement Amendment, is a “legislatively referred” amendment to the state constitution.

The U.S. Constitution nowhere says that citizenship is a voting requirement, nor do most state constitutions.

Is this even an option? Americans once took it for granted that it was not. But the U.S. Constitution nowhere says that citizenship is a voting requirement, nor do most state constitutions—in fact, the Constitution leaves most decisions on elections to the states and localities. (In 1996, however, the Illegal Immigration Reform and Immigrant Responsibility Act made formal prohibition of voting by noncitizens in federal elections. That law does not address state or local elections.)

Some of America’s most “progressive” jurisdictions have been seizing upon that discretion to bring noncitizens to the polls.

Some of America’s most “progressive” jurisdictions, of course, have been seizing upon that discretion to bring noncitizens to the polls. Municipalities, including New York City, Chicago, and San Francisco, now permit noncitizens to vote in local elections. Los Angeles and San Jose, in California, are moving in that direction. On November 8 voters in Oakland will be asked to permit noncitizen voting and the District of Columbia is taking steps in that direction.

In some of these locales, the vote is extended not only to lawful permanent residents, but to students, workers with visas (but no green cards), and illegal aliens.

In some of these locales, the vote is extended not only to lawful permanent residents, but to students, workers with visas (but no green cards), and illegal aliens. Only five states (Alabama, Arizona, Colorado, Florida, and North Dakota) have inserted into their constitutions that “only” U.S. citizens can vote in elections.

The tocsin has rung in Ohio, too. So far, no jurisdictions permit noncitizens to vote. A 2019 referendum in Yellow Springs on noncitizen voting in local elections passed (58% to 42%), however, but Secretary of State Frank LaRose, a Republican, directed the county board of elections to deny or cancel voter registration of noncitizens. He did so on grounds that the results of the referendum violated both the U.S. and Ohio Constitutions.

He may have been on thin ice, in this argument. The proposed amendment to the Ohio Constitution, if approved by voters, would be decisive. It comes down to a word or two.

The Ohio Constitution states (Article V. Section 1) that “Every citizen of the United States…is entitled to vote at all elections.” The amendment presented to voters November 8 would amend this to “Only a citizen of the United States…is entitled to vote in all elections.” [Emphasis added]

Secretary of State LaRose focuses on “what it means to be an American” and the value of citizenship: “American elections are only for American citizens. And the cities in other states that have granted noncitizens the right to vote in local elections are undermining the value of what it means to be an American ….This is a smart preventative measure that will provide the certainty needed to ensure this right is protected for Ohioans.”

Opponents of the proposed amendment argue that immigrants deserve a voice at the polls because “Immigrants serve as firefighters, they serve as police officers in our communities, they are homeowners, they contribute to our societies, they serve as schoolteachers, their kids go to schools in our community—and they have a right to have a voice, and we should allow that.”

Start on the level of the public perception of elections. What issue in recent times has rocked the electorate more than lack of confidence in election results? It is shared by Democrats, independents, and Republicans. The specifics may differ, but the common concern is that partisanship now drives manipulation of voting rules. Republicans are accused of trying to limit voter participation because they perceive Democrats are enfranchising only their partisan constituencies. Democrats respond that Republicans seek to exclude groups perceived as “marginal”—the poor, non-citizens, illegal aliens, and prisoners.

America’s long tradition of citizen-only voting is an obvious—and crucial—first step in reaffirming consistent election rules.

America’s long tradition of citizen-only voting is an obvious—and crucial—first step in reaffirming consistent election rules.

When the New York City Council in 2021 voted to give noncitizens the right to vote, former mayor and Democrat Michael R. Bloomberg, long an ardent advocate for immigrants, wrote:

“Proponents of the concept argue that voting gives the noncitizen more civic connections and a bigger “stake” in the community. This gets things precisely backward: Voting is a major reason many immigrants seek to obtain citizenship. They recognize that citizenship brings greater rights and responsibilities. If cities want more immigrants to become citizens—as they absolutely should—stripping away that incentive won’t help.”

What is it worth to be a citizen of the United States of America with a voice in the future of the republic? Born in America, it entails years of required education that often does (and always should) lead to understanding the ramifications for every aspect of our lives of a government of rights, personal liberty, and freedom of enterprise. For those naturalized, it means meeting standards to which generations of immigrants to our nation have aspired—and have met with pride.

And citizenship means that together we take responsibility for the future of the world’s longest-enduring constitutional republic. We should act, always, to make the prerogatives of American citizenship not cheaper but dearer.

 

 

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