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electionline Weekly

February 20, 2025

Legislation Update
States consider options to ensure that noncitizens aren’t voting

By Wendy Underhill
National Conference of State Legislatures

What a difference a century can make in deciding who can vote.

Before 1925, states went back and forth between permitting noncitizens to vote and requiring citizenship as a qualification. Most states at some point allowed noncitizens to vote, a little-known fact examined by the political scientist Ron Hayduk in the Journal of International Migration and Integration.

Fast forward 100 years: Nowhere in the nation is it permissible for noncitizens to vote in federal elections after the passage of the Illegal Immigration Reform and Immigrant Responsibility Act in 1996.

Still, legislation to clarify that noncitizens can’t vote in state elections has been ticking up since 2021, with a growing number of states considering ways to ensure noncitizens aren’t casting ballots. In 2025, over 100 bills have already been introduced addressing voting and citizenship.

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