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Non-citizens cannot vote in federal elections in the United States. Federal law clearly stipulates that only U.S. citizens are eligible to vote in federal elections, such as those for the President, Vice President, U.S. Senators, and U.S. Representatives. This is in line with the Constitution's framework, which, while not explicitly mentioning non-citizens in the context of voting, supports the principle that voting in federal elections is a right reserved for citizens. Violation of this law by non-citizens can result in significant legal consequences, including fines, imprisonment, and deportation.
Key Constitutional Provisions:
Article I, Section 2 and Article II, Section 1: These sections of the Constitution outline that members of the House of Representatives and the President are to be elected by the people, with the specific qualifications for voters determined by the states. However, these qualifications must be consistent with the Constitution and federal laws.
14th Amendment: While primarily known for guaranteeing equal protection under the law, the 14th Amendment also lays the groundwork for citizenship being a requirement for federal voting rights. It refers to "citizens of the United States" in matters related to civil rights and protections.
15th, 19th, 24th, and 26th Amendments: These amendments address voting rights by prohibiting restrictions based on race, gender, the non-payment of poll taxes, and age (for those 18 and older). They reinforce that these rights are protections for citizens.
Federal Laws:
Illegal Immigration Reform and Immigrant Responsibility Act of 1996: This law explicitly makes it illegal for non-citizens, including illegal aliens, to vote in federal elections. Violating this law can lead to severe penalties, including fines, imprisonment, and deportation.
Interpretation:
Although the Constitution does not explicitly state that non-citizens and illegal aliens cannot vote, the combination of its principles and federal laws makes it clear that federal voting is a right and responsibility of U.S. citizens only. This protection ensures that the electoral process is preserved for those who are fully invested in the nation’s future as citizens.
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