Non-citizens Challenge Federal Authority to Prosecute Voting Cases

Five non-citizens charged in separate US federal cases with illegally voting are challenging the constitutionality of the law used to prosecute them, arguing that states, rather than the federal government, have authority over voter qualifications and related violations, according to Reuters.

Federal cases involving alleged noncitizen voting are raising questions about the federal government’s authority to prosecute election-law violations.

The defendants, in cases in Miami and Madison, Wisconsin, are seeking dismissal of their charges under the 1996 federal “Voting by Aliens” statute.

A ruling in their favor could affect the federal government’s ability to prosecute certain non-citizen voting cases. The statute makes it illegal for non-citizens to vote in federal elections and provides for criminal penalties, including fines and imprisonment.

The defendants argue that the Constitution gives states authority over voter qualifications and that the federal government therefore lacks authority to prosecute their alleged violations.

The Justice Department has defended the federal law, arguing that Congress has constitutional authority over federal elections and immigration matters.

The cases are unfolding as the Trump administration has intensified efforts to investigate and prosecute alleged noncitizen voting.

Reuters previously found that federal authorities had brought a relatively small number of cases under the statute since its enactment in 1996, with no evidence in those cases of a broader conspiracy involving noncitizens seeking to influence US election outcomes.