Former President Trump and House Speaker Propose Legislation to Crack Down on Noncitizen Voting

On Friday, April 12, former President Donald Trump and House Speaker Mike Johnson unveiled a new legislative proposal aimed at addressing noncitizen voting. Despite the existing illegality and rarity of the practice, the duo put forward this initiative at Mar-a-Lago.

Speaker Johnson announced that House Republicans would be introducing a bill that mandates the submission of documentary evidence of citizenship for voter registration. He emphasized the need to ensure that only U.S. citizens participate in elections, suggesting a need for common sense in this matter. However, Johnson's claim about individuals registering to vote when obtaining welfare benefits was debunked as false.

It was reiterated that both state and federal laws already prohibit noncitizens from registering or voting in elections. However, exceptions to this rule are observed in Washington, D.C., as well as in certain municipalities in California, Maryland, and Vermont, where noncitizen voting is allowed in local elections. Despite the legality, instances of noncitizen voting are infrequent.

Committing the act of noncitizen voting carries severe consequences, including potential jail time, fines, or deportation. Moreover, it was highlighted that the very nature of this crime involves the creation of a government record. The paper trail left by voter registration and casting ballots is subject to routine official review and is often accessible to the public, making it relatively easy to detect such violations.

Challenges and Potential Disenfranchisement

According to a lawyer at the Brennan Center for Justice, the proposal to mandate documentary proof of citizenship could potentially disenfranchise millions of Americans who lack access to passports or birth certificates. Several states have previously attempted to implement similar requirements, despite current federal law prohibiting such mandates in federal elections, except in the case of Arizona's state elections.

Contrary to the claims made by Johnson and Trump, investigations have revealed minimal evidence of noncitizen voting. The Brennan Center reported only 30 suspected noncitizen votes out of 23.5 million votes cast in 2016, amounting to a mere 0.0001% of the total votes. Moreover, Trump's own election integrity commission disbanded without presenting any evidence of voter fraud, despite his previous assertion of 3 million undocumented immigrants voting in 2016.

Experts have pointed out that both Johnson and Trump have persistently propagated groundless theories regarding election integrity. Johnson had promoted conspiracy theories surrounding the 2020 election, while Trump has continuously expressed baseless allegations of voter fraud. These claims have been described as politically potent, despite their lack of factual basis.

Additionally, it was highlighted that instances of noncitizen voting often arise from misconceptions or errors. Anecdotal evidence was provided, citing cases where California residents, in the process of naturalization, mistakenly registered to vote upon being inaccurately informed of their citizenship status.