In a narrow set of places, yes. Non-citizens can vote in local elections in roughly 20 municipalities and the District of Columbia, but only where a specific local law authorizes it and only for the local offices that law covers. Federal law makes it a crime for any non-citizen to vote in an election for president, vice president, or Congress, and most state constitutions separately limit voting to U.S. citizens. Everywhere else, non-citizen voting is prohibited.
Where Non-Citizen Local Voting Is Allowed
As of 2026, non-citizen voting in local elections exists in the District of Columbia and in municipalities in three states: Maryland, Vermont, and California. Each jurisdiction limits participation to specific local offices, and each runs its own registration system.
District of Columbia
The D.C. Council passed the Local Resident Voting Rights Amendment Act of 2022, which allows non-citizen residents who have lived in the district for at least 30 days to vote in local elections.1D.C. Law Library. D.C. Law 24-242 – Local Resident Voting Rights Amendment Act of 2022 Eligible non-citizens can vote for mayor, council members, attorney general, State Board of Education members, and advisory neighborhood commissioners. The law has survived legal challenges and remains in effect.
Maryland
Maryland has the longest history with non-citizen local voting. Takoma Park first allowed non-citizen residents to vote in city elections in 1993.2City of Takoma Park. Proclamation Recognizing 30 Years of Noncitizen Voting Since then, at least 15 other Maryland municipalities have adopted similar provisions, including Hyattsville, Greenbelt, Mount Rainier, College Park, Cheverly, and the town of Somerset. Each municipality sets its own eligibility rules and its own list of covered offices.
Vermont
Three Vermont cities allow non-citizen voting in local elections: Burlington, Montpelier, and Winooski. Winooski’s charter change took effect after the state legislature overrode the governor’s veto in 2021, allowing all legal residents to vote in city and school elections.3City of Winooski, Vermont. All-Resident Voting Montpelier voters approved a similar charter provision in 2018 that the legislature subsequently authorized. In all three cities, participation is limited to municipal contests and does not extend to statewide races.
California
San Francisco allows non-citizen parents, legal guardians, and caregivers of children living in the city to vote in Board of Education elections.4SF.gov. Non-Citizen Voting Rights in Local Board of Education Elections The program is narrower than others because it applies only to school board races and only to people responsible for a child in San Francisco. Oakland voters approved a charter amendment in 2022 that would allow a similar school board program, but as of early 2026 the city had not yet implemented it.
How Registration Works in These Jurisdictions
Non-citizens authorized to vote locally cannot register through the standard process. Each jurisdiction that allows non-citizen voting maintains a separate registration system designed to keep local-only voters off state and federal voter rolls.
Registration typically involves a dedicated form from the local board of elections or city clerk’s office. Applicants provide proof of residency, such as a utility bill or lease, and affirm their non-citizen status. They are placed on a separate voter roll and receive a ballot listing only the local races they can vote in. Standard state voter registration forms and DMV registration cannot be used.
San Francisco shows how detailed the requirements can get. Non-citizen voters there must submit a specific registration form for each Board of Education election because the registration expires after every cycle.4SF.gov. Non-Citizen Voting Rights in Local Board of Education Elections Applicants must also show they are a parent, guardian, or caregiver of a child living in the city. The extra layers exist to prevent accidental participation in federal races.
The Federal Ban Everywhere Else
Under 18 U.S.C. § 611, it is a federal crime for any non-citizen to vote in an election for president, vice president, or any member of Congress.5Office of the Law Revision Counsel. 18 USC 611 – Voting by Aliens The ban applies regardless of whether the person holds a green card, a work visa, a student visa, or no legal status at all. A conviction carries up to one year in prison and a fine of up to $100,000.6Office of the Law Revision Counsel. 18 USC 3571 – Sentence of Fine
The statute contains a carve-out for jurisdictions like the ones described above. When a local election appears on the same ballot as a federal race, non-citizens authorized to vote in the local contest can still do so, provided the local voting is conducted independently from the federal portion.5Office of the Law Revision Counsel. 18 USC 611 – Voting by Aliens That is why these places use separate ballots or distinct voting systems for local-only contests.
Voter registration forms require applicants to affirm U.S. citizenship under penalty of perjury. Falsely claiming to be a citizen on a registration form or any other federal document is a separate offense under 18 U.S.C. § 1015, punishable by up to five years in prison.7Office of the Law Revision Counsel. 18 USC 1015 – Naturalization, Citizenship or Alien Registry The five-year maximum makes it a felony, far more serious than the misdemeanor for the vote itself.
Immigration Consequences of an Unlawful Vote
Criminal penalties are only part of what is at stake. Under federal immigration law, any non-citizen who has voted in violation of any federal, state, or local law is deportable.8Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens That applies even to lawful permanent residents who have lived in the country for decades. A single illegal vote can trigger removal proceedings.
Separately, anyone who falsely claims U.S. citizenship for any purpose under federal or state law becomes permanently inadmissible, meaning they are barred from obtaining a visa, a green card, or eventual citizenship.9Office of the Law Revision Counsel. 8 USC 1182 – Inadmissible Aliens There is a narrow exception for individuals who were raised by citizen parents, permanently resided in the United States before turning 16, and reasonably believed they were citizens at the time. For everyone else, the bar is effectively permanent.
This is where the stakes get real for non-citizens living in a jurisdiction that allows local voting. Voting in an authorized local election is legal. Accidentally casting a ballot in a federal or state contest, or checking the citizenship box on the wrong registration form, can set off consequences that no amount of good faith will easily undo.
Why More Cities Cannot Simply Follow Suit
Even where federal law leaves room for non-citizen participation in local elections, most states close that door through their own constitutions. A large majority of states have provisions limiting the vote to U.S. citizens, and many use language that overrides any attempt by a city or county to expand its rolls.
The trend has accelerated. In 2024, voters in several states approved new constitutional amendments adding or strengthening citizen-only voting requirements. These amendments do not change who can vote in federal elections, which is already governed by federal law, but they prevent municipalities from creating non-citizen local voting programs even if city leaders want to.
New York City is the recent example. In 2022, the city council passed Local Law 11, which would have allowed non-citizens with legal status to vote in municipal elections. The law was challenged, and in 2025 the New York Court of Appeals struck it down, holding that the state constitution limits voting to citizens and does not allow municipalities to expand eligibility beyond that.10New York State Unified Court System. New York Court of Appeals Decision – Local Law 11 The ruling made clear that even in a home-rule state, a city cannot override a constitutional citizenship requirement on its own.
Accidental Registration Through the DMV
States with automatic voter registration systems have sometimes enrolled non-citizens by mistake. Oregon disclosed that a system error resulted in roughly 1,920 individuals being registered without providing proof of citizenship eligibility. Of those, 42 cast ballots, and none of those votes affected an election outcome. The state emphasized that the individuals bore no responsibility, since none had requested registration, claimed citizenship, or intended to vote.
The danger to the person caught up in such an error is real even so. An accidental registration can complicate a future citizenship application or draw scrutiny from immigration authorities, whether or not the person ever voted. Non-citizens who receive a voter registration card or a ballot they did not request should contact their county elections office immediately and have the registration corrected. A registration sitting in the system looks voluntary to anyone reviewing it later.
The federal government’s own guidance confirms the baseline: non-citizens, including permanent legal residents, cannot vote in federal, state, or most local elections.11USAGov. Who Can and Cannot Vote The local exceptions listed above are exactly that. If you are a non-citizen and unsure whether you are eligible to vote in a particular election, confirm with the local board of elections before casting a ballot.