§611 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

People who are not U.S. citizens must not vote in elections for federal offices like President, Vice President, U.S. Senators, U.S. Representatives, the D.C. Delegate, or the Resident Commissioner. One narrow exception exists if the election also includes a separate nonfederal issue and state or local law allows noncitizens to vote on that separate matter, and the noncitizen only votes on that separate matter and not for the federal candidates. Breaking this rule can bring a federal fine, up to one year in prison, or both. A different exception applies where the noncitizen had two citizen parents (natural or adoptive), lived in the U.S. permanently before age 16, and reasonably believed they were a U.S. citizen when they voted.

Title 18, §611

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)It shall be unlawful for any alien to vote in any election held solely or in part for the purpose of electing a candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, unless—

(1)the election is held partly for some other purpose;

(2)aliens are authorized to vote for such other purpose under a State constitution or statute or a local ordinance; and

(3)voting for such other purpose is conducted independently of voting for a candidate for such Federal offices, in such a manner that an alien has the opportunity to vote for such other purpose, but not an opportunity to vote for a candidate for any one or more of such Federal offices.

(b)Any person who violates this section shall be fined under this title, imprisoned not more than one year, or both.

(c)Subsection (a) does not apply to an alien if—

(1)each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization);

(2)the alien permanently resided in the United States prior to attaining the age of 16; and

(3)the alien reasonably believed at the time of voting in violation of such subsection that he or she was a citizen of the United States.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 611, acts

June 25, 1948, ch. 645, 62 Stat. 724; Feb. 7, 1972, Pub. L. 92–225, title II, § 206, 86 Stat. 10; Oct. 15, 1974, Pub. L. 93–443, title I, §§ 101(e)(2), 103, 88 Stat. 1267, 1272, prohibited campaign contributions by government contractors, prior to repeal by Pub. L. 94–283, title II, § 201(a),

May 11, 1976, 90 Stat. 496. See section 30119 of Title 52, Voting and Elections.

Amendments

2000—Subsec. (c). Pub. L. 106–395 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 2000 Amendment Pub. L. 106–395, title II, § 201(d)(3), Oct. 30, 2000, 114 Stat. 1636, provided that: “The amendment made by paragraph (1) [amending this section] shall be effective as if included in the enactment of section 216 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 110 Stat. 3009–572). The amendment made by paragraph (2) [amending section 1015 of this title] shall be effective as if included in the enactment of section 215 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 110 Stat. 3009–572). The

Amendments

made by paragraphs (1) and (2) shall apply to an alien prosecuted on or after September 30, 1996, except in the case of an alien whose criminal proceeding (including judicial review thereof) has been finally concluded before the date of the enactment of this Act [Oct. 30, 2000].”

§611 Voting by Aliens

Summary

Title 18, §611

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata