The Unspoken Debate America Is Ignoring

By Kerri Toloczko |

Tonight marks the first debate among presidential candidates, yet a significant issue regarding voting eligibility remains largely unaddressed. A strong consensus exists among the American populace: non-U.S. citizens should not participate in U.S. elections.

This belief aligns with existing laws, as stipulated by the National Voter Registration Act of 1993 (NVRA) and various federal and state regulations. These documents clearly state that only citizens are permitted to vote, a straightforward principle that underlines the integrity of the electoral process.

However, the reality is that some individuals violate these laws. Noncitizens registering and voting unjustly break federal statutes—one by registering and another by casting a ballot. The absence of strict documentary proof of citizenship within federal rules has allowed states to overlook the necessity for verification during voter registration processes.

Registration forms are often distributed indiscriminately to individuals applying for driver’s licenses or state ID, without precautions to confirm their citizenship status. Many registrants, particularly noncitizens with limited English proficiency, may check the citizenship box mindlessly, often due to pressure from activists or simple misunderstanding.

Concerns about election integrity have been highlighted recently, with a Tea Party Patriots poll revealing that 86% of regular voters support requiring proof of citizenship for voter registration. This overwhelming majority stands in stark contrast to the remaining 13%, which critics argue comprises political elites and certain media representatives.

The ongoing discourse about the Safeguard American Voter Eligibility (SAVE) Act underscores this division. After passing the U.S. House of Representatives in July, the SAVE Act aims to close loopholes enabling noncitizens to register by mandating officials to verify citizenship at the time of registration, with access to federal databases for cross-checking. House Speaker Mike Johnson acknowledges the urgency of this issue, indicating that illegal voting trends could impact federal outcomes in key areas.

Consequences extend beyond potential electoral fraud. Noncitizen voting can result in serious penalties, including deportation and ineligibility for naturalization. More critically, citizens’ votes are diluted each time an illegal ballot is cast, undermining the democratic process.

Unfortunately, existing laws currently lack a mechanism for holding election officials accountable when they fail to enforce citizenship requirements. The SAVE Act seeks to remedy this by empowering citizens to initiate civil suits against those encouraging or facilitating noncitizen registrations and votes.

Critics minimizing the issue often suggest that legal barriers exist already, touching on disorderly conduct or suggesting that noncitizen voting is not widespread. Yet, a close examination reveals the extent of the problem, as recent federal indictments target noncitizens across multiple states, and several thousands have been purged from voter rolls for ineligibility.

Statistically speaking, if 6.4% of the estimated 24 million noncitizens currently residing in the U.S. were to vote, they could collectively make up about 1.5 million ballots. As the foreign-born population continues to rise, policy implications surrounding voter registration practices gain alarming significance.

Recent reports indicate flyers promoting voter participation among illegal immigrants have surfaced along the U.S.-Mexico border. Furthermore, President Biden’s 2021 executive order mandates voter registration forms for all federal services without checks for citizenship, prompting concerns regarding foreign influence in American elections.

This incident reflects an essential truth about democracy—both parties recognize the peril of foreign interference. The imperative remains for representatives to adhere to the collective will expressed by citizens about maintaining electoral integrity. Safeguarding our elections necessitates unwavering commitment to ensuring that only American citizens cast votes in American elections.

Kerri Toloczko is the executive director of the Election Integrity Network and a senior advisor to the Only Citizens Vote Coalition, both of which advocate for lawful electoral practices. These organizations are coordinating efforts for the 2024 Only Citizens Vote Week, scheduled from September 15 to September 21.