Voting by Nonresidents and Noncitizens

Throughout the nation, citizens can only register and vote in one jurisdiction for federal elections.

Local elections can be a different matter. Twelve states have statutes that permit nonresidents, such as second-home owners or business owners, to vote in local, municipal, and/or special district elections such as irrigation, water, sewer and conservancy districts.

In two states, statutes permit local jurisdictions to decide if noncitizens will be permitted to vote in local elections: Illinois and Maryland.  

Nonresident Voting

Three states allow nonresident voting in municipal or town elections:

• Connecticut: Conn. Gen. Stat. § 7-6
• Delaware: Del. Code tit. 22, § 835
• New Mexico: N.M. Stat. § 3-30-3; N.M. Stat. § 3-30-6

Nine states allow nonresident voting in certain special district elections. New Mexico and Delaware have provisions allowing nonresidents to vote in special district elections in addition to municipal elections.

• Arizona: Ariz. Rev. Stat § 48-404
• Arkansas: Ark. Code § 14-123-302
• California: Cal. Elec. Code § 12286
• Colorado: Colo. Rev. Stat § 37-20-116; Colo. Rev. Stat § 37-26-103; Colo. Rev. Stat § 37-41-104; Colo. Rev. Stat § 37-42-106
• Delaware: Del. Code tit. 16, § 1402
• Montana: Mont. Code Ann § 7-13-2255
• Nebraska: Neb. Rev. Stat. § 31-407
• New Mexico: N.M. Stat. § 73-18-30
• Oregon: Or. Rev. Stat § 545.207
• Tennessee: Tenn. Code Ann § 2-6-205
• Wyoming: Wyo. Stat. § 41-7-832

Noncitizen Voting

Noncitizen voting is currently only allowed in city or local district voting. No state has extended noncitizen voting to statewide elections.

Several districts in Maryland allow noncitizens to vote. The most cited example is Takoma Park, which has allowed noncitizen voting in city elections since 1993.

The city of Chicago also allows noncitizens to vote in local school council (LSC) elections.

• To vote in a LSC election, an adult must demonstrate (1) that he or she is the parent/guardian of a student enrolled at the school, or (2) that he or she lives within the attendance area boundaries of the school.

In 2015 the District of Columbia (B 28) and Connecticut (HB 5170) have proposals  to allow noncitizens to vote in local elections.

Additional Resources

• Elections and Campaigns
• The Canvass: States and Election Reform Newsletter