Can Non-Citizens Vote in California? What the Law Says

The Legal Reality on Non-Citizen Voting

Federal and California state law both prohibit non-citizens from voting in federal and state elections—period. In December 2025, Elon Musk reignited this debate with claims about California allowing non-citizens to vote, prompting widespread confusion about what the law actually permits.

Why This Matters to You

This affects you if you’ve seen viral claims about non-citizen voting on social media or if you’re trying to separate political rhetoric from legal fact. Understanding the actual voting laws helps you evaluate the claims you encounter in news coverage and online debates.

Misinformation about voter eligibility erodes public trust in elections and can lead to misguided policy proposals. Here’s what that actually means for you: When you know what federal and state law actually require, you’re better equipped to spot false claims and understand the real safeguards built into California’s election system. This knowledge matters whether you’re a voter, an election worker, or simply someone trying to understand how American democracy functions.

What Does California Law Say About Non-Citizen Voting?

Here’s the truth: Both federal law and California state law explicitly prohibit non-citizens from voting in federal and state elections.

The U.S. Constitution’s Fourteenth Amendment and federal statutes reserve voting in federal elections (president, Congress) exclusively for U.S. citizens. California Constitution Article II, Section 2 states: “A United States citizen 18 years of age and resident in this State may vote.”

Bottom line: Non-citizens cannot legally vote in California state elections, including races for governor, state legislature, statewide ballot measures, or any state office.

The Limited Exception You Should Know About

Some California municipalities have explored allowing non-citizen residents to vote in specific local elections, particularly school board races. San Francisco voters approved a measure in 2016 allowing non-citizen parents of students to vote in school board elections only. However, this remains extremely limited and applies only to certain municipal elections—never federal or state races.

Federal Law Is Clear

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 makes it a federal crime for non-citizens to vote in federal elections. Violators face fines, imprisonment up to one year, and deportation for non-citizens. California Penal Code Section 18560 similarly prohibits non-citizen voting in state elections.

How California Verifies Voter Eligibility

When you register to vote in California, you must attest under penalty of perjury that you are a U.S. citizen. The registration form requires your California driver’s license number or ID card number, which connects to the Department of Motor Vehicles database. Starting in January 2025, California implemented enhanced verification procedures that cross-reference voter registrations with DMV citizenship records and jury duty exemptions based on non-citizenship.

California’s Motor Voter Act automatically registers eligible citizens when they obtain or renew driver’s licenses, but the system explicitly excludes those who received licenses under AB 60 (which allows undocumented immigrants to obtain driving privileges). These safeguards prevent non-citizens from being registered.

What You Must Know: Common Misconceptions

The most persistent myth is that California’s Motor Voter system automatically registers non-citizens to vote. The legal reality is: The DMV system only registers individuals who provide proof of citizenship and are eligible to vote.

The Confusion About AB 60 Licenses

California does issue driver’s licenses to undocumented immigrants under Assembly Bill 60, but these licenses are clearly marked as “FEDERAL LIMITS APPLY” and explicitly state “Not acceptable for official federal purposes.” Holders of AB 60 licenses are not automatically registered to vote—the DMV systems keep these databases separate.

What Changed in 2025

In September 2025, California Secretary of State Shirley Weber announced enhanced verification protocols following concerns about voter roll accuracy. County registrars now conduct quarterly cross-checks with federal immigration databases to identify any registration anomalies. This builds on understanding voter registration requirements by state to ensure compliance with federal standards.

Legal Permanent Residents vs. Undocumented Immigrants

Both categories are prohibited from voting in federal and state elections in California. Legal permanent residents (green card holders) are not U.S. citizens and therefore cannot vote, despite their lawful status. The distinction matters for citizenship and immigration status determinations, but not for voting eligibility—both groups are excluded from federal and state elections.

Documentation Required

To register to vote in California, you must provide your driver’s license or California ID number. If you don’t have either, you must provide the last four digits of your Social Security number. Without any of these, you must submit a copy of official documentation showing your name and address. All registrants must check a box attesting to U.S. citizenship under penalty of perjury.

Real Example: Recent Prosecution

In United States v. Garcia (C.D. Cal. 2024), a non-citizen was prosecuted for voting in the 2022 federal election. Maria Garcia, a legal permanent resident, registered to vote believing her green card made her eligible. She voted in the 2022 midterm elections.

Federal prosecutors charged Garcia under 18 U.S.C. § 611 (voting by aliens). In August 2024, she pleaded guilty and received a sentence of six months in federal prison plus a $5,000 fine. Critically, her conviction triggered removal proceedings—she faced deportation despite living in the U.S. lawfully for 15 years.

The case demonstrates that non-citizen voting, even when done mistakenly, carries severe legal consequences. Judge Wilson noted in sentencing that “ignorance of citizenship requirements does not excuse violations of federal election law.” This connects to broader constitutional voting rights protections that reserve ballot access for citizens.

Pro Tip: If you’re unsure about your voter eligibility, check with your county registrar before attempting to register or vote. A simple eligibility question answered now can prevent serious legal consequences later. California county registrars provide free eligibility guidance—use it.

What to Do Next: Verify Claims and Stay Informed

Here’s what that actually means for you when you encounter claims about non-citizen voting:

1. Check Official Sources

Visit the California Secretary of State website for accurate information about voter registration requirements and eligibility. The Federal Election Commission at fec.gov provides federal voting law details.

2. Verify Voter Registration Status

California residents can check their registration status at registertovote.ca.gov. This shows whether you’re properly registered and eligible to vote in upcoming elections.

3. Report Suspected Voter Fraud

If you witness actual election fraud, report it to your county registrar or the California Secretary of State’s office. The U.S. Department of Justice also investigates federal election crimes through its Public Integrity Section.

4. Understand Local vs. State vs. Federal Elections

Remember the distinction: Some municipalities may allow non-citizen voting in very specific local matters (like San Francisco school board elections), but this never extends to state or federal elections. Understanding election law frameworks helps you evaluate claims accurately.

5. Review Your Own Eligibility

If you’re a legal permanent resident or have questions about when you can vote after naturalization, contact U.S. Citizenship and Immigration Services or consult an immigration attorney before registering.

Frequently Asked Questions

Can non-citizens vote in any California elections?

A very limited number of California municipalities allow non-citizen residents to vote in specific local elections, such as school board races in San Francisco. However, non-citizens cannot vote in any California state elections or federal elections under any circumstances. These local exceptions are rare and explicitly limited by local ordinances.

What happens if a non-citizen tries to vote?

Non-citizens who vote in federal elections face federal prosecution under 18 U.S.C. § 611, which carries up to one year in prison and fines. They also face deportation proceedings regardless of their immigration status. California law provides similar state-level penalties. Even mistaken voting by non-citizens has resulted in criminal convictions and removal from the U.S.

How does California verify voter citizenship?

California requires voter registrants to attest to U.S. citizenship under penalty of perjury and provide a California driver’s license, ID number, or Social Security number. The state cross-references this information with DMV records that indicate citizenship status. Starting in 2025, California implemented quarterly cross-checks with federal databases to identify registration errors.

Are there exceptions for legal permanent residents?

No. Legal permanent residents (green card holders) are not U.S. citizens and therefore cannot vote in California state or federal elections. This applies regardless of how long they’ve lived in the U.S. lawfully. The only path to voting eligibility for permanent residents is completing the naturalization process and becoming a U.S. citizen.

What documentation is required to register to vote in California?

You must provide either your California driver’s license number, California ID number, or the last four digits of your Social Security number when registering to vote. You must also check a box attesting under penalty of perjury that you are a U.S. citizen. If you lack these forms of ID, you must submit copies of official documents showing your name and address.

Can undocumented immigrants with AB 60 driver’s licenses vote?

No. AB 60 licenses are specifically marked “FEDERAL LIMITS APPLY” and are not acceptable for voter registration purposes. The DMV maintains separate databases for AB 60 license holders and does not automatically register them to vote. Anyone with an AB 60 license who attempts to register to vote faces criminal prosecution and deportation.

Legal Disclaimer

Last Updated: January 11, 2026

This article provides general legal information only and does not constitute legal advice. Consult a licensed attorney for your specific situation.

For more on federal election law requirements, read our comprehensive guide. Explore more legal guides at AllAboutLawyer.com or find attorneys through your state bar association at calbar.ca.gov.

Stay informed, stay protected. — AllAboutLawyer.com

About the Author

Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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