18 U.S.C. § 611 — Voting by aliens
submitted 30 years ago by Pub. L. 104-208 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 242 words · no verdicts yet
An alien may not vote in specified Federal elections unless a separately conducted nonfederal vote is authorized. A violation may result in a fine, imprisonment, or both, subject to a three-part exception.
(a) An alien may not vote in an election held wholly or partly to elect a President, Vice President, Presidential elector, Senator, Representative, District of Columbia Delegate, or Resident Commissioner, unless (1) the election also has another purpose; (2) a State constitution or statute or local ordinance authorizes aliens to vote for that purpose; and (3) that vote is separate, so the alien can vote for the other purpose but not for a listed Federal office.
(b) A violator may be fined under this title, imprisoned for up to one year, or both.
(c) Subsection (a) does not apply if (1) every natural parent, or every adoptive parent of an adopted alien, is or was a citizen by birth or naturalization; (2) the alien permanently lived in the United States before age 16; and (3) when voting, the alien reasonably believed the alien was a United States citizen.
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—
the election is held partly for some other purpose;
aliens are authorized to vote for such other purpose under a State constitution or statute or a local ordinance; and
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.
Any person who violates this section shall be fined under this title, imprisoned not more than one year, or both.
Subsection (a) does not apply to an alien if—
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);
the alien permanently resided in the United States prior to attaining the age of 16; and
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.
Source credit: (Added Pub. L. 104–208, div. C, title II, § 216(a), Sept. 30, 1996, 110 Stat. 3009–572; amended Pub. L. 106–395, title II, § 201(d)(1), Oct. 30, 2000, 114 Stat. 1635.)
- 1996Enacted · Pub. L. 104-208 · 110 Stat. 3009
- 2000Amended · Pub. L. 106-395 · 114 Stat. 1635
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-208 on 1996-09-30.
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