— Key Takeaways
- Green card holders are prohibited from voting in federal elections (President, Congress) and virtually all state elections.
- A small number of local jurisdictions allow non-citizens to vote in certain local elections — primarily municipal elections in parts of Maryland, Vermont, and Washington, D.C.
- Voting illegally as a non-citizen can result in deportation, criminal prosecution, and permanent bars to naturalization.
- Even accidentally registering to vote can create immigration problems — green card holders should be cautious with any voter registration forms.
- The pathway to full voting rights is through U.S. citizenship via naturalization.
One of the most frequently asked questions among green card holders is whether they can vote in U.S. elections. The answer is nuanced — and getting it wrong can have devastating consequences for your immigration status. While federal law prohibits non-citizens from voting in federal elections, a small number of local jurisdictions have created exceptions for local elections. Understanding these rules is essential for every permanent resident, both to protect their rights and to avoid inadvertently breaking the law. This guide explains exactly what green card holders need to know about voting, voter registration, and the pathway to full civic participation through citizenship.
Federal Voting Restrictions for Green Card Holders
Green card holders cannot vote in U.S. federal elections. This is a clear and unambiguous rule under federal law. Section 611 of Title 18 of the United States Code makes it a crime for any non-citizen to vote in a federal election — including elections for President, Vice President, U.S. Senate, and U.S. House of Representatives.
This prohibition applies to all non-citizens, including:
- Lawful permanent residents (green card holders)
- Visa holders (H-1B, L-1, F-1, etc.)
- Recipients of temporary protected status (TPS)
- DACA recipients
- Undocumented immigrants
The restriction is based on citizenship status, not on how long you have lived in the United States or how much you contribute to the community. According to USAGov, only U.S. citizens are eligible to vote in federal elections.
State and Local Voting Laws for Non-Citizens
While the federal prohibition is clear, voting in state and local elections is governed by state law. Most states prohibit non-citizen voting in all elections, but a small number of local jurisdictions have enacted laws allowing non-citizens — including green card holders — to vote in certain local elections.
Jurisdictions that currently allow some form of non-citizen voting in local elections include:
- Maryland: Several municipalities, including Takoma Park, Hyattsville, Riverdale Park, Mount Rainier, College Park, and others, allow non-citizens to vote in municipal elections.
- Vermont: Montpelier, Winooski, and Burlington have passed charter amendments allowing non-citizen residents to vote in local elections.
- Washington, D.C.: The Local Resident Voting Rights Amendment Act of 2022 allows non-citizen residents to vote in local D.C. elections, including for mayor, city council, and attorney general.
- San Francisco, California: Non-citizen parents, guardians, and caregivers of school-age children have been allowed to vote in school board elections, though this provision has been subject to legal challenges.
Important: The fact that some jurisdictions allow non-citizen voting in local elections does not extend to federal or state elections. If you are a green card holder considering voting in a local election where it is permitted, consult an immigration attorney first to understand any potential risks.
Consequences of Voting Illegally as a Non-Citizen
Voting illegally as a non-citizen — whether intentionally or accidentally — carries severe immigration and criminal consequences:
Immigration Consequences
- Deportation (removal): Voting in violation of federal or state law can make you deportable under the Immigration and Nationality Act.
- Inadmissibility: A non-citizen who has voted unlawfully may be found inadmissible, preventing reentry to the U.S. and barring future immigration benefits.
- Bar to naturalization: Unlawful voting can permanently bar you from becoming a U.S. citizen.
- False claim to U.S. citizenship: Registering to vote or voting while representing yourself as a U.S. citizen constitutes a false claim to citizenship — a ground of inadmissibility with no waiver.
Criminal Consequences
- Voting in a federal election as a non-citizen is punishable by up to 1 year in prison and fines under 18 U.S.C. § 611.
- Making a false claim of U.S. citizenship (including on a voter registration form) can result in up to 5 years in prison under 18 U.S.C. § 1015.
The consequences are severe and can be permanent. Even if you genuinely believed you were eligible to vote, the government may still pursue removal proceedings. This is why it is critical to understand the rules before engaging in any voting or voter registration activity.
Voter Registration Pitfalls
One of the most dangerous traps for green card holders is inadvertent voter registration. There are several common scenarios where green card holders accidentally register to vote or are improperly included on voter rolls:
- DMV “motor voter” registration: When renewing a driver’s license, you may be asked if you want to register to vote. In some states, voter registration is automatic or opt-out rather than opt-in. Always answer “no” and review any forms carefully before signing.
- Online forms that do not verify citizenship: Some online voter registration systems do not verify citizenship status and may allow you to register even if you are not eligible.
- Mail-in voter registration forms: You may receive voter registration forms in the mail. Simply receiving the form does not mean you are eligible. Do not complete or return it.
- Jury duty questionnaires: Being registered to vote can also place you on jury duty lists. If you are called for jury duty as a non-citizen, notify the court that you are not a U.S. citizen.
How to avoid problems:
- Always read voter registration forms carefully and decline to register if you are not a U.S. citizen
- If you believe you were accidentally registered, contact your local election office immediately to have your registration removed
- Consult an immigration attorney if you are concerned that you may have inadvertently registered or voted
Rights That Green Card Holders Do Have
While green card holders cannot vote in most elections, permanent residents enjoy many important rights in the United States:
- Right to live permanently in the U.S.: You can live anywhere in the United States.
- Right to work: You can work for any employer in the U.S. without needing a work visa, with limited exceptions for certain government positions.
- Protection under all U.S. laws: You are protected by all federal, state, and local laws, including the Constitution.
- Right to petition for family members: You can sponsor certain family members for green cards.
- Right to own property: You can buy, sell, and own real property in the United States.
- Right to attend public schools and universities: You may attend public schools and may qualify for in-state tuition and financial aid.
- Right to apply for citizenship: After meeting the eligibility requirements, you can apply for U.S. citizenship through naturalization — which grants full voting rights.
- Right to travel: You can travel internationally and return to the U.S. (subject to the continuous residence and physical presence rules discussed in our guide to green card minimum stay requirements).
Pathway to Voting Through Citizenship
The pathway to full voting rights for green card holders is through U.S. citizenship via naturalization. Once you become a citizen, you can vote in all federal, state, and local elections.
General naturalization requirements:
- Be at least 18 years old at the time of filing
- Be a lawful permanent resident for at least 5 years (or 3 years if married to a U.S. citizen)
- Meet physical presence requirements (30 months over 5 years, or 18 months over 3 years)
- Meet continuous residence requirements
- Be a person of good moral character
- Pass the English language test (reading, writing, speaking)
- Pass the U.S. civics test (100 possible questions about U.S. history and government)
- Take the Oath of Allegiance
After taking the Oath of Allegiance, you are a U.S. citizen with the right to vote. You can register to vote immediately and participate in the next election.
How Bay Legal, PC Can Help
Navigating the complexities of immigration law can be overwhelming, but you do not have to do it alone. At Bay Legal, PC, our experienced immigration attorneys provide personalized guidance tailored to your unique situation. Whether you are applying for the first time or dealing with a complex case, we are here to help you understand your options and pursue the best possible outcome.
Contact us today to schedule a consultation:
- Phone: (650) 668-8000
- Email: intake@baylegal.com
Frequently Asked Questions
1. Can green card holders vote in U.S. elections?
No. Green card holders cannot vote in federal elections and are prohibited from voting in most state and local elections. A small number of local jurisdictions allow non-citizen voting in certain municipal elections.
2. What happens if a green card holder votes illegally?
Voting illegally can result in deportation, criminal prosecution, and permanent bars to naturalization. Even accidental voter registration or voting can have severe immigration consequences.
3. Can green card holders vote in local elections?
In a small number of jurisdictions (parts of Maryland, Vermont, and Washington, D.C.), non-citizens may vote in certain local elections. Check your local laws and consult an immigration attorney before voting.
4. Can I register to vote with a green card?
No. Registering to vote when you are not eligible can constitute a false claim to U.S. citizenship, which is a serious immigration violation. Do not register to vote unless you are a U.S. citizen.
5. What should I do if I was accidentally registered to vote?
Contact your local election office immediately to have your registration canceled. Do not vote. Consult an immigration attorney to assess any potential immigration consequences.
6. Can voting illegally affect my green card?
Yes. Illegal voting can make you deportable and inadmissible, which means you could lose your green card and be barred from future immigration benefits.
7. How do I get the right to vote as a green card holder?
The pathway to voting rights is through U.S. citizenship. Once you naturalize as a U.S. citizen, you have the right to vote in all elections.
8. What rights do green card holders have?
Green card holders have the right to live and work permanently in the U.S., own property, attend public schools, receive protection under U.S. laws, petition for certain family members, and apply for U.S. citizenship.
9. Can green card holders serve on a jury?
Only U.S. citizens are eligible for federal jury duty. If you receive a jury summons as a green card holder, notify the court that you are not a U.S. citizen.
10. Can green card holders make political donations?
Yes. Lawful permanent residents can make political contributions to candidates and political parties. However, foreign nationals who are not permanent residents cannot make political contributions.
Attorney Advertising. This article is for general informational purposes only and does not constitute legal advice. Each immigration case is unique, and results will depend on the specific facts of your situation. Past results do not guarantee future outcomes. For personalized legal guidance, contact Bay Legal, PC. Principal Office: Jayson Elliott, Esq., Bay Legal, PC, 667 Lytton Ave Suite 3, Palo Alto, CA 94301.
