New Immigrant Voting Rights FAQ

Voting rights for new immigrants can be confusing. Whether you were born in the U.S. or became a naturalized citizen later on, you have the right to vote. Unfortunately, new voters can face intimidation or access problems.

These are answers to frequently asked questions (FAQs) about new U.S. immigrant voting rights. This provides an overview of voting rights and voter eligibility. For other questions about voting and immigration law, consult with a local attorney for answers.

Is There a Law That Protects Me Against Discrimination When Voting?

The Voting Rights Act of 1965 protects everyone participating in national elections from racial discrimination. It also provides essential protection to eligible voters who have limited English proficiency.

What Are the Laws Within My Right to Vote?

In the past, many states had laws that prevented minority citizens from voting. These states imposed practices such as requiring people to pass a reading test to vote. The Voting Rights Act is a federal law prohibiting all forms of racial discrimination at the polls.

Does the Voting Rights Act Protect Minorities Who Speak Other Languages?

Voting rights law makes it illegal to discriminate against voters based on their belonging to a minority group based on language. This removes language as a barrier to political participation. It also protects against discrimination for people who speak languages other than English.

The Voting Rights Act protects members of language minority groups. Section 203 of the Act requires specific, covered jurisdictions (as determined by the U.S. Census Bureau) to print ballots and voter information in applicable minority languages. They also provide translators or interpreters at the voting booth where needed on election day.

Jurisdictions and election officials are supposed to take all reasonable steps to train voters “to be informed and effectively participate in activities connected with voting.”

What Type of Racial Discrimination Does the Voting Rights Act of 1965 Prohibit?

The Voting Rights Act of 1965 prohibits state or local governments from excluding minorities from voting and outlaws certain voting procedures that give people fewer opportunities to vote.

How Do I File a Complaint About Voting Discrimination?

You may file a complaint about voting discrimination with the U.S. Department of Justice, Civil Rights Division, Elections Section. Call 1-800-253-3931 or send a letter to the U.S. Department of Justice at the address listed on the website.

Who Enforces the Voting Rights Act of 1965?

The U.S. Department of Justice can enforce voting rights in federal court. The DOJ can take action if a particular jurisdiction has discriminatory voting policies.

How Does the U.S. Department of Justice Investigate Voting Discrimination?

The federal government uses federal observers. These federal observers monitor general elections and vote counting to ensure no discrimination. Federal observers prepare reports on their observations. These can later be used as evidence in voting discrimination claims.

How Can I Change My Address on My Voter Registration Record?

Your state election office maintains updated voter rolls. You must update your voter registration if you have moved, changed your name, or want to update your political party affiliation. Submit your new voter registration form before your state’s registration deadline. This could be up to 30 days before the election.

If you have permanently moved to another state, you must register to vote there.

What are the Deadlines for Requesting an Absentee Ballot?

If you request an absentee ballot or to vote by mail, you must do so by your state’s deadline. If you are a citizen outside the country, you still have the right to vote, but you must request your overseas absentee ballot by your state’s deadline.

Can I Vote by Mail if I Am in the Military?

You may vote by mail in local, state, and federal elections if you are:

• A U.S. citizen
• Over the age of 18
• Meet your state’s residency requirements to register to vote

Does the Department of Justice Have Any Other Federal Election Legislation?

Yes. The Department of Justice (DOJ) enforces federal voting laws, including the National Voter Registration Act of 1993. This act requires states to make registration services available at different government agencies, including public assistance offices and Departments of Motor Vehicles (DMVs).

The Justice Department is also responsible for enforcing the Uniformed Overseas Citizens Absentee Voting Act of 1986, which protects the voting rights of military members and other U.S. citizens living abroad. Other acts include the Elderly and Disabled Voting Accessibility Act of 1984, which requires voting centers to be accessible to all voters, and the Help America Vote Act of 2002, which increases voter access and improves voting systems for Americans.

What Can I Do About Voting Fraud?

Most electoral administration is regulated by state law. If you suspect fraud in voter registration or at polling stations, you can report suspected fraud to your state agency. You can report potential voting fraud to:

• Your state attorney general’s office
• The Federal Bureau of Investigation (FBI)
• Your local U.S. Attorney’s Office
• The United States Department of Justice (DOJ)

Can People From Other Countries Vote in U.S. Elections?

The right to vote comes with citizenship status. Every citizen has voting rights. This includes Native Americans, people born in the United States, and naturalized foreign-born citizens. There are different paths to citizenship. You can become a citizen through marriage, lawful permanent residency, or U.S. military service.

Undocumented immigrants cannot vote. Lawful permanent residents (green card holders) have the right to stay and work in the country, but they don’t have the right to vote. That only comes with naturalization and U.S. citizenship.

Can Noncitizens Vote in Local Elections?

Some cities and municipalities allow noncitizen voting in local elections. These include Washington, D.C., and cities in California, Vermont, and Maryland. In these jurisdictions, noncitizen voting rights apply to certain local elections, including for school board elections and city councils.

However, noncitizens in these cities still cannot vote in state elections or federal elections. Other states have passed laws against voting for noncitizens, even in local elections. States that prohibit voting rights for noncitizens include Arizona, Florida, North Dakota, and Ohio.

How Can a Voting Rights Attorney Help?

Once you qualify to vote in your state, register as a first-time voter so you can cast your ballot. If you are a citizen of the United States and still face problems with your right to vote, contact an attorney. A civil rights attorney can help you understand your rights under state and federal election laws. Contact your attorney for any questions regarding your voting status and rights.