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NeoNotes — non-citizens voting

I'm not a lawyer, nor do I play one on the internet. As nearly as I can tell from a fast scan, Federal case law says that states are responsible for setting voter qualifications within certain limits. Apparently you can't restrict someone from voting for something like not paying poll taxes, or by requiring them to pass a literacy test.

I'm pretty sure it can't be done by a city, but it looks like it may be possible for a state to create voters.

Gods, that's a huge loophole. It may well be legal to be a voter without being a citizen.



There's a small problem. I've looked over the Constitution, paying special attention to the 14th, 15th, and 19th Amendment.

It looks to me that Congress (and therefore the Federal government) has no power to deny people the power to vote, citizen or not. Congress only has limited powers to prevent the States from denying people the vote.

Which means that most Federal election law is illegal. And the loophole remains. If a state permits non-citizens to vote even it's a Federal election, there's nothing the Congress or the Federal government can do.
NeoNotes are the selected comments that I made on other boards, in email, or in response to articles where I could not respond directly.

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