Only U.S. Citizens are Legally Allowed to Vote Posted Nov 03, 2006 ©MurthyDotCom With the forthcoming elections on November 7, 2006, we remind MurthyDotCom and MurthyBulletin readers that only U.S. citizens are permitted to vote in official governmental elections. This includes federal, state, and local elections of all types. All others, including U.S. permanent residents, are prohibited from voting in U.S. governmental elections. While this may seem obvious to some, there are individuals during every election who are under the mistaken impression that they are entitled to vote in these elections. Some may have been informed wrongly as children that they were U.S. citizens. Others may have signed forms upon the issuance of their state drivers' licenses that registered them as voters and potential jurors, without understanding the legal implications of their actions. Violating these provisions can have very serious immigration consequences. This prohibition covers federal, state, and local government elections. This does not apply to elections or voting that may take place in school or religious organizations, community or social groups. Immigration status does not prevent one's participation in a homeowners' association or parent / teacher organization. ©MurthyDotCom Accidental Registration ©MurthyDotCom Situations have come to our attention in which individuals have been accidentally registered to vote. This is most commonly connected to what is known as the "Motor Voter" act. This is a national law intended to make voter registration easier by tying it in to the motor vehicle administration offices. Some individuals have ended up registering to vote when obtaining or renewing their drivers' licenses. The apparent cause is either confusion with the forms or voting requirements. Even those who have registered in this manner cannot vote legally if they are not U.S. citizens. ©MurthyDotCom What a Non-Citizen Should do if Wrongly Registered ©MurthyDotCom If a non-citizen has registered to vote, there are steps one should take to try to fix the situation. First, DO NOT VOTE. Second, check with the local Board of Elections for procedures to terminate the registration and follow these. Retain proof of one's attempt to terminate the registration. This proactive effort could be very helpful if it becomes necessary to convince the USCIS that the registration was accidental. This will come up if the individual ever applies for naturalization, as there is a question on the naturalization application asking whether the applicant has ever registered to vote. It will also help to establish that there was never a false claim to U.S. citizenship, or any unlawful voting. ©MurthyDotCom Unlawful Voting and False Claims to U.S. Citizenship ©MurthyDotCom False claims to U.S. citizenship and unlawful voting carry separate, very serious immigration consequences. Anyone who has falsely claimed to be a U.S. citizen is inadmissible to the United States, with no waiver available under law. One who engages in unlawful voting is subject to removal (formerly, deportation) from the U.S. This is why it is absolutely necessary to understand that only U.S. citizens (not permanent residents or other foreign nationals) are permitted to vote. This is also why it is important to document the termination of any inadvertent voter registration, so that there is no appearance of any false claim to U.S. citizenship or unlawful voting. ©MurthyDotCom U.S. Citizens Should Vote ©MurthyDotCom The right to vote is considered the most important right of a U.S. citizen, as afforded by the Constitution. New U.S. citizens, who have not been able to vote before, should welcome this opportunity. No one should be intimidated or overwhelmed by the process. While the candidates and issues can be confusing, many newspapers publish summaries of the candidates and their positions. There are local radio and television programs that interview candidates or provide them with opportunities to debate the issues on the air. Many locations provide a guide to voting, that sets out the various offices that are up for reelection and the choices of candidates. This is helpful in determining which candidates hold positions that are in keeping with the voter's own point of view. Most polling places are open for extended morning and evening hours, to accommodate the schedules of most voters. Individuals are generally available to explain the procedures to first-time voters. One who anticipates being away on Election Day may follow local protocol to request an absentee ballot, ensuring that every voice is heard, as it should be in a vibrant democracy. Copyright © 2006, MURTHY LAW FIRM. All Rights Reserved
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