Constitutional Amendment Needed to Prevent Noncitizen Voting in Federal Elections
Source: M.D. Kittle. "Saving U.S. Elections Requires Amending The Constitution?." May 8, 2026. thefederalist.com
The Gist
The author argues that because the Constitution doesn't clearly say only citizens can vote in federal elections, we need a constitutional amendment to close this loophole. They claim noncitizens are already voting illegally and that only a constitutional change can permanently prevent this.
Conclusion
The U.S. Constitution should be amended to explicitly state that only U.S. citizens can vote in federal elections
Premises
- The Constitution does not explicitly prohibit noncitizens from voting in federal elections, creating a constitutional loophole
- States have authority under Article 1, Section 2 and the 17th Amendment to determine voter eligibility, potentially allowing noncitizen voting in federal elections
- Current voter registration only requires checking a box to claim citizenship, not documentary proof
- Research shows noncitizens have voted in past elections in numbers large enough to affect outcomes
- Thousands of noncitizens have been discovered on voter rolls, with ongoing investigations and prosecutions
- Regular legislation like the SAVE America Act can be easily repealed by future Congresses with different majorities
- Only a constitutional amendment provides permanent protection that cannot be undone by changing political control
Assumptions
- Only U.S. citizens should have the right to vote in federal elections
- The current honor system of voter registration is insufficient to prevent noncitizen voting
- Democratic opposition to voter verification measures indicates intent to allow noncitizen voting
- Constitutional amendments provide more durable protection than regular legislation
- The problem of noncitizen voting will worsen without constitutional intervention