Group Sues to Block DC Law Allowing Noncitizens to Vote in Local Elections

A good-government group is suing the District of Columbia to block its new law allowing noncitizens—legal or otherwise—from voting in local elections.

After Congress failed to repeal it, the law became effective on March 14, and allows approximately 50,000 noncitizen residents to vote in local elections.

Critics claim that allowing noncitizens vote in U.S. elections at all levels of government weakens civic values and reduces U.S. citizenship.

These voters claim that this voting violates their fundamental constitutional right to vote and denies them equal protection under the law.

The Local Resident Voting Rights Amendment Act of 2022, allows noncitizens—who are at least 18 on election day who have lived in the District for at least 30 days prior to the election, and who have not been found by a court of law to be ineligible to vote—to cast a ballot in local elections.

The measure received almost unanimous support from the D.C. Council. It was also signed by Mayor Muriel Bowser (a Democrat).

Charles Allen, a Democrat Council member and Act Supporter, said Sept. 27, 2022 that the law was required because “immigrants, whether naturalized citizens, legal permanent residents, asylum seekers, DACA recipients, undocumented residents, or otherwise are valued members of our community. They are us.”

DACA stands for Deferred Action for Childhood Availals. This federal policy protects certain immigrants who arrive in the United States early from deportation and gives them a work permit.

Critics believe DACA is a form of immigration amnesty.

“Immigrants care deeply about issues affecting their communities and families like gun control, climate change, health care, affordable housing, quality schools, access to healthy food—issues that affect all residents and are directly influenced by our local government,” He said.

“Our non-citizen neighbors, many of whom have lived, worked, and raised a family in the district for decades deserve the opportunity to have a stake in their government and determine their own leaders just as we all do,” Allen said.

The District of Columbia, which is the land originally ceded to Maryland and Virginia, does not constitute a state. However, U.S. citizens living in the federal enclave are allowed to vote in presidential elections ever since the 23rd Amendment of the U.S. Constitution came into effect in 1978.

This district is heavily Democrat. It has voted overwhelmingly in favor of the Democrat presidential candidate every general election since the amendment was ratified.

Home rule provisions allow laws that are enacted by D.C. Council, elected by district voters to be overturned by agreement of both houses.

On Feb. 9, the U.S. House of Representatives disapproved of the local law. However, the U.S. Senate didn’t follow suit, so the law went into effect.

Christopher Hajec (director of litigation at Immigration Reform Law Institute, IRLI) who is representing the plaintiffs, has denounced this law.

“This law—and others like it that are popping up around the country—is a direct attack on American self-government,” Hajec made the statement in a statement to The Epoch Times.

“The proponents of this law claim it gives citizens of foreign nations a ‘voice’ in the affairs of the city they reside in. But they already have a voice, protected by the First Amendment.

“They can speak, write and attend council meetings. This law gives foreign citizens more power than they realize.

“That transfer of power flies in the face of the clear right of the American people to govern themselves,” He said.

At least 15 municipalities in the United States have authorized noncitizens to vote in local elections, including major cities such as San Francisco and New York. New York City’s law would have granted voting rights to an estimated 800,000.

Dale Wilcox was also the executive director and general counsel of IRLI. “The sovereign of this democratic nation is the people, U.S. citizens.”

“When their power is eroded, our nation begins to lose its independence. And that erosion will escalate. If laws like this are not struck down, next there will be calls in many states to allow aliens to vote in statewide and even federal elections,” Wilcox stated.

Stacia Hall is the lead plaintiff in the D.C. lawsuit. She is the Republican candidate for District Mayor in 2022. All seven of the plaintiffs are U.S citizens.

Hall v. District of Columbia Board of Elections, a legal complaint was filed in the District of Columbia Superior Court on February 14.

D.C. sued Winooski, Vermont, to stop a local ordinance that allows foreigners to vote for school board elections.

The Epoch Times reached the D.C. Board of Elections to get their opinion, but they did not respond as of press time.