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Non-citizens are on the voter rolls

Matthew Vadum author image /

The Public Interest Legal Foundation (PILF) has discovered that hundreds of non-citizens have been on the voter rolls in Virginia.

In a pending lawsuit the City of Alexandria and the Virginia State Board of Elections are trying to undermine PILF’s efforts to uncover the full extent of the problem, the foundation states in a press release.

Hans A. von Spakovsky, Senior Legal Fellow at the Heritage Foundation, explains the situation at Conservative Review:

Election integrity foes mistakenly tell us voter fraud is a myth. So when legitimate voter fraud is actually discovered, these foes pretend it didn’t happen, fail to take any steps to investigate or prosecute such cases, or, even worse, try to cover it up. Take Virginia, where the State Board of Elections and some local election officials want to hide a blatant case of voter fraud involving noncitizens.

When non-citizens register or actually vote, they violate both state and federal statutes because citizenship is a requirement to vote in both state and federal elections. Falsely claiming to be a citizen on a voter registration form is a felony that violates three different federal statutes. Voting by a non-citizen under 18 U.S.C. §611 is a strict liability offense. In other words, it “does not require proof that the offender was aware that citizenship is a prerequisite to voting.” Article II, Section 1 of the Virginia constitution requires a voter to be a citizen, and §24.2-1004 of the Virginia Code makes it a felony to vote when you are “not qualified to vote” in the state. So you would think state and local election officials would treat these crimes with appropriate seriousness. Guess again.

When I was a member of the Fairfax County Electoral Board in Virginia, we discovered close to 300 non-citizens who had illegally registered in our county, about half of whom had also illegally voted in prior elections. We removed those individuals from the voter rolls and forwarded their files to both the Commonwealth Attorney (Virginia’s equivalent of the county district attorney) and the U.S. Justice Department for investigation and prosecution. Neither took any action to enforce the law against these non-citizens.

Fast forward to April of this year when the Virginia Voters Alliance and a Virginia voter (David Norcross) filed a lawsuit against the city of Alexandria, Va., claiming that the general registrar, Anna Leider, was violating the National Voter Registration Act (NVRA).The lawsuit charged that Leider failed to make her records related to the city’s voter-list maintenance procedures available for public inspection, which would obviously include all information about the removal of ineligible voters.

The Alliance also claimed Leider was not conducting the reasonable list-maintenance procedures mandated by the NVRA to clean up the rolls by removing the names of registered voters who are deceased, have moved, or are otherwise ineligible to vote (like non-citizens). As a result of the lawsuit, the Alliance was finally able to get into Leider’s office and inspect the voter registration records. Among the items they discovered was a list containing several hundred registrants who had been removed from the voter rolls because they were not U.S. citizens.

Read the full article at Conservative Review.

Spakovsky, by the way, is co-author of  Who’s Counting? How Fraudsters and Bureaucrats Put Your Vote at Risk, along with John Fund.