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Who Can Vote in the U.S. Presidential Election?

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Who Can Vote in the U.S. Presidential Election?

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The presidential election is coming up on Tuesday, November 5, 2024, and voting in the United States is one of the most important ways U.S. citizens can participate in our democracy. However, before you vote, you must make sure you are eligible.

To Vote in U.S. Federal Elections, You Must:

  • Be a U.S. citizen, whether through birth or through naturalization
  • Meet your state’s residency requirements
  • Be at least 18 years old by election day
  • Register to vote by your state’s deadline

Some states also have rules that limit who can vote based on felony convictions and/or mental incapacity.

Only U.S. Citizens and LPRs Can Donate to Political Campaigns or Hold Certain Volunteer Positions for Political Campaigns

U.S. citizens and Lawful Permanent Residents (LPRs), including those living abroad, may contribute money to federal political campaigns. Foreign nationals, including Deferred Action for Childhood Arrivals (DACA), Temporary Protected Status (TPS), and nonimmigrant visa holders cannot give money to political campaigns. They may, however, provide volunteer (unpaid) services to political campaigns, so long as they are not in a decision-making role.

What Happens If I Am Not a U.S. Citizen and I Vote or Register to Vote?

If you vote in an election without permission or claim to be a U.S. citizen to vote, you are breaking federal law and could face fines and/or jail time. It might also hurt your chances for certain immigration benefits, such as permanent residency or citizenship, and could lead to deportation. Even if you were mistakenly registered to vote, like when applying for or renewing your driver’s licenses, you cannot legally vote unless you meet the necessary requirements, and even registering to vote when you are not a U.S. citizen can lead to immigration issues, such as ineligibility for lawful permanent residence and citizenship as well as deportation.

 

 

Please note: The information contained in this article was taken in part from an informational flyer provided by the American Immigration Lawyers Association (AILA). This information is intended for general information purposes and does not constitute legal advice.

If you or someone you know is not a U.S. citizen and has registered to vote or voted in a federal election, voted in a local election without permission (where allowed, for certain Lawful Permanent Residents), or donated to a federal political campaign, or volunteered for pay or in a position of authority for a federal political campaign, we strongly recommend reaching out to an experienced, licensed immigration attorney for guidance and support.

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