Iowa GOP lawmakers support Trump-backed bill on noncitizen voting

Despite being exceedingly rare and already illegal, Eastern Iowa Republican U.S. House members this week touted their support of legislation to prohibit noncitizens from registering to vote in federal elections.

“Americans should decide American elections, not illegal immigrants,” Iowa GOP Congresswoman Mariannette Miller-Meeks, of Ottumwa, posted on social media.

The U.S. House of Representatives on Wednesday passed a proof-of-citizenship requirement for voter registration, a proposal Republicans have prioritized as an election year talking point fueled by former President Donald Trump's false claims of election fraud.

Every member of Iowa’s all-Republican U.S. House delegation voted for the legislation.

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What is the current law?

Noncitizens are not allowed to vote in federal elections, nor is it allowed for any statewide elections.

It is already a federal crime for noncitizens to vote in federal elections, and states have multiple systems in place to deter noncitizen voting. Those who violate the law face prison time and deportation. Independent studies as well have shown noncitizens illegally registering and casting ballots in federal elections is exceptionally rare.

Illegally voting in a federal election can result in a fine and up to one year in federal prison. Additionally, a noncitizen found guilty may face deportation and revocation of their legal status. Finally, falsely claiming U.S. citizenship may also result in up to five years in prison, deportation or denial of future immigration status.

What evidence is there of noncitizens voting?

Trump has made baseless claims about widespread illegal voting, including in 2016, when he blamed his loss of the popular vote on voting by immigrants, and then appointed a commission to investigate the issue. It disbanded without identifying a single case of a noncitizen casting a vote.

According to the Associated Press, states such as North Carolina, Georgia, Arizona, California and Texas reviewed their voter rolls between 2016 and 2022. The audits found fewer than 50 noncitizens in each state had voted in recent elections, out of millions of total votes cast per state.

A Heritage Foundation analysis found only 24 instances of noncitizens voting between 2003 and 2023. A study conducted by the Brennan Center for Justice analyzing 23.5 million votes across 42 jurisdictions in the 2016 general election concluded that there were an estimated 30 incidents of suspected noncitizen voting. Any instance of illegally cast ballots by noncitizens were investigated, and there is no evidence the illegal votes — or any other instances of voter fraud — have been significant enough to impact any election’s outcome.

Iowa Secretary of State Paul Pate said election officials “have not seen illegal voting en masse,” and that there has been “very little instances of voter fraud in Iowa.”

“We have implemented numerous safeguards to secure our elections,” Pate said in a statement to The Gazette. “We have voter ID, processes in place to clean and maintain voter rolls, and trained local election officials.”

Despite that, Pate, a Republican, said the House bill provides “more tools in our tool belt to secure elections and ensure only eligible voters participate in our elections process.”

What’s the status of the House bill?

The House bill, which passed largely along party lines with five Democrats voting in favor, is unlikely to pass the Democratic-led Senate.

President Joe Biden’s administration says it strongly opposes the legislation because there already are safeguards to enforce the law against noncitizens voting.

“The alleged justification for this bill is based on easily disproven falsehoods,” the White House said in a statement this week. “ … The evidence is clear that the current laws to prevent noncitizen voting are working as intended.”

Congressional Democrats blasted the bill as part of a Trump campaign strategy of casting doubt on the validity of the 2024 election should he lose.

"This bill would do nothing to safeguard our elections," the White House said. “But it would make it much harder for all eligible Americans to register to vote and increase the risk that eligible voters are purged from voter rolls."

What’s the argument being made for the legislation?

Iowa’s Ashley Hinson and other congressional Republicans contend that federal laws don’t require additional checks on voter eligibility.

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The National Voter Registration Act of 1993 requires states to use a common voter registration form, which includes the applicant attest to being a U.S. citizen under penalty of perjury.

States verify voter identity using state and/or federal databases, such as the Social Security Administration or state departments of motor vehicles to hinder those who may attempt to register to vote using fraudulent or false information.

Hinson, of Marion, contends some states allow unauthorized immigrants to apply for state-issued driver’s licenses, “providing ample opportunities to illegally register to vote in federal elections.”

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While the Iowa Department of Transportation allows noncitizens to obtain a driver's license, “there are safeguards in place that ensure they are not allowed to register to vote as part of that process,” said Pate, Iowa’s top election official.

Hinson, too, noted while it’s illegal for people who aren’t U.S. citizens to vote in federal elections, some local jurisdictions — including San Francisco and the District of Columbia — allow immigrants who have not yet become U.S. citizens to vote in local elections.

“We can't let this happen nationwide, and we must act to ensure only American citizens can vote in our elections,” Hinson told reporters during a call Thursday.

Communities that do allow noncitizens to vote have processes to ensure that a registered noncitizen cannot receive a ballot for state or federal races.

What would the House bill do?

The legislation — the Safeguard American Voter Eligibility Act — would:

“Only American citizens should be able to vote in American elections,” Hinson said Thursday. “I will continue working on common-sense election integrity measures that make it easy for American citizens to vote and hard to cheat.”

The Associated Press contributed to this report.

Comments: (319) 398-8499; tom.barton@thegazette.com