Today, America First Legal (AFL) sent a letter to the chief election official of all fifty States, with a copy to each Governor and Attorney General explaining how they can use two key existing federal laws to obtain information from the U.S. Department of Homeland Security about the citizenship or immigration status of any individual for “any purpose authorized by law.” Ensuring the integrity of voter rolls and investigating whether to remove potentially ineligible voters from voter rolls is undoubtedly a “purpose authorized by law,” and therefore, these laws can serve a vital function in providing States and localities with the information that they need to prevent aliens from voting.
Given the unprecedented amount of illegal immigration that the United States has experienced since January 20, 2021–with millions upon millions of illegal aliens coming into the interior of the United States–and widespread concerns about the presence of aliens on voter rolls, the time is now for responsible election officials to do everything that they can under existing law to protect the integrity of upcoming elections.
The Problem: The issue of noncitizens voting in federal elections can be complex–including what States are and are not allowed to do when voter applicants use the federal form:
Federal law prohibits foreign nationals from voting or registering to vote in federal elections.
Federal law also imposes upon States an obligation to conduct voter list maintenance.
The U.S. Election Assistance Commission (EAC) created a federal voter registration form that does not require applicants to demonstrate proof of citizenship. Instead, it merely requires voter registrants to sign a form “under penalty of perjury,” swearing or affirming that “I am a United States citizen.”
And here is the Biden Administration reply to the SAVE ACT...
