How Noncitizen Voting Emerged as a Republican Obsession in 2024
Noncitizen voting was a top issue for the GOP in 2024 ahead of the general election. It’s already illegal and exceedingly rare, yet Republicans treated the concept like an existential threat to the American electoral system.
This was one of many issues the right used to sow seeds of doubt in elections and prepare grounds to overturn the 2024 election — in case President-elect Donald Trump lost.
Though Trump won, Republicans continue to push the issue — like on Dec. 3 when Iowa Republican officials sued President Joe Biden’s administration, alleging that it is refusing to hand over the citizenship status information of over 2,000 registered voters on the state’s voter rolls.
Republicans continue to use the noncitizen voting issue to push their focus on illegal immigration and the idea that undocumented immigrants are harming the country — specifically democracy and elections.
Leading up to November, Republicans spread a couple of myths while pushing their noncitizen voting narrative: One myth was that noncitizens are illegally voting in high numbers in federal elections. The other was that most Americans have easy access to citizenship documents. Both of those points have been proven false.
The noncitizen issue was pushed in a variety of ways — through ballot initiatives, legislation and litigation.
On the federal level, House Speaker Mike Johnson (R) pushed the Safeguard American Voter Eligibility (SAVE) Act, a nationwide proof of citizenship bill, which passed the House and stalled in the Senate. There were numerous hearings held about this bill.
In one, Rep. Brian Steil (R-Wis.), chair of the U.S. Committee on House Administration, said “while it’s illegal today for noncitizens to vote in our federal elections, it’s also illegal to evade Border Patrol and unlawfully enter the country, and as we’ve seen, that hasn’t stopped anyone.”
Johnson also attacked the Biden administration’s border policies when discussing this legislation. When he announced the SAVE Act back in May, he said “Biden has welcomed millions and millions of illegal aliens, including sophisticated criminal syndicates and agents of adversarial governments, into our borders and even on humanitarian parole.”
At the state level, New Hampshire Gov. Chris Sununu (R) signed a proof of citizenship law that went into effect after the election. Also, eight states had ballot measures in the 2024 election to prohibit state and local governments from allowing noncitizens to vote, and voters approved all of them.
There were 24 cases filed in 14 states related to noncitizen voting, and 16 of them were anti-voting lawsuits filed by the Republican National Committee (RNC), state and local Republicans and right-wing groups. The case in Nevada was also filed by Trump’s campaign.
The other eight cases were pro-voting lawsuits addressing noncitizen voting — filed by civil and voting rights groups primarily challenging Republican states’ voter purge programs that targeted naturalized citizens.
Here is a comprehensive list of the noncitizen voting cases that Democracy Docket tracked this year.
Alabama
Alabama Coalition for Immigrant Justice v. Allen
A lawsuit was filed by four pro-voting organizations and three naturalized citizens against Alabama Secretary of State Wes Allen (R), Alabama Attorney General Steve Marshall (R) and local election officials in four counties challenging the state’s voter purge program targeting “noncitizen” voting.
A couple of weeks later, the U.S. Department of Justice (DOJ) also filed a lawsuit challenging Alabama’s voter purge program, which was consolidated with Alabama Coalition for Immigrant Justice v. Allen.
STATUS: On Oct. 16, a federal judge ordered the Alabama Secretary of State to stop the program until Nov. 5. Alabama’s voter purge program remained blocked for the 2024 election.
Arizona
Republican National Committee v. Fontes
A lawsuit was filed on behalf of the RNC against Arizona Secretary of State Adrian Fontes (D) challenging Arizona’s 2023 Election Procedures Manual. The GOP plaintiffs challenged multiple rules in the manual, including one regarding the documentary proof of citizenship requirement and the process to remove noncitizens from voter rolls.
STATUS: The Arizona Court of Appeals heard oral argument Dec. 10.
Richer v. Fontes
A lawsuit was filed by Maricopa County Recorder Stephen Richer (R) challenging Fontes’ decision to allow nearly 100,000 voters incorrectly identified as having provided documentary proof of citizenship to vote in federal, state and local races during the November 2024 general election.
STATUS: On Sept. 20, the Arizona Supreme Court ruled that the nearly 100,000 affected voters could receive full voter ballots in the November election. The affected voters were allowed to vote in both federal and state elections.
Strong Communities Foundation of Arizona v. Richer
A lawsuit was filed by the Strong Communities Foundation of Arizona and a voter against Richer and Maricopa County challenging the county’s practices for removing noncitizens from the voter rolls.
STATUS: On Oct. 11, a judge denied the plaintiffs’ request to order Richer to verify Maricopa County voters’ citizenship and start using federal databases before the November election. A few days later, the plaintiffs appealed the district court’s decision to the 9th U.S. Circuit Court of Appeals. Litigation is ongoing.
Florida
State of Florida v. Department of Homeland Security
A lawsuit was filed by the state of Florida and its Department of State against the U.S. Department of Homeland Security and its secretary, Alejandro Mayorkas, challenging the federal government’s refusal to provide citizenship status information.
STATUS: Florida filed its complaint Oct. 16.
Iowa
Bird v. Mayorkas
A lawsuit was filed by Iowa Attorney General Brenna Bird (R) and Iowa Secretary of State Paul Pate (R) against Mayorkas, Director of U.S. Citizenship and Immigration Services Ur M. Jaddou and their respective agencies seeking the immigration and citizenship status of 2,167 voters.
STATUS: The plaintiffs filed their complaint Dec. 3.
Selcuk v. Pate
A lawsuit was filed by the League of United Latin American Citizens of Iowa and four naturalized citizens against Pate and five Iowa county auditors and election commissioners challenging the state’s voter purge program targeting alleged noncitizen voting.
STATUS: On Nov. 3, the judge denied a request to block election officials from challenging the eligibility of alleged noncitizens on the Iowa voter rolls. These voters’ registrations were not restored to the state’s voter rolls before the 2024 general election.
Michigan
Michigan Republican Party v. Benson
A lawsuit was filed by the RNC, Michigan Republican Party and others challenging a provision of the state’s Election Officials Manual that extends voter eligibility to certain voters living overseas.
STATUS: On Oct. 21, the court granted the defendants’ motion for summary judgment, ensuring overseas voters will be allowed to vote in Michigan. A couple of days later, the RNC appealed the ruling to the Michigan Court of Appeals.
Missouri
Laperouse v. Plocher
A lawsuit was filed by two voters against Missouri Secretary of State Jay Ashcroft (R) and GOP state legislators challenging the language of a noncitizen voting ballot initiative set to appear on the November ballot. The plaintiffs argued that the language did not accurately describe the proposed amendment and misled voters to believe that these initiatives were not already state law.
STATUS: On Aug. 12, the trial court declared that the initiative’s summary language was fair and accurate. The measure appeared on the November ballot with that language and was approved by voters.
Nevada
Dagusen v. Aguilar
A lawsuit was filed by the RNC, Nevada Republican Party, the Trump campaign and a voter against Nevada Secretary of State Francisco Aguilar (D), the Democratic National Committee and the Nevada Democratic Party challenging the state’s practices for voter roll maintenance and citizenship verification.
STATUS: The plaintiffs filed their lawsuit Sept. 11. The defendants’ motion to dismiss the case is pending before a state court.
New Hampshire
Coalition for Open Democracy v. Scanlan
A lawsuit was filed by the Coalition for Open Democracy, other organizations and five voters challenging New Hampshire’s recently enacted voter suppression law, House Bill 1569. The law requires voters to provide documentary proof of citizenship — like a birth certificate, passport or naturalization papers — to register to vote or cast a ballot.
STATUS: The plaintiffs filed their complaint Sept. 30.
New Hampshire Youth Movement v. Scanlan
A lawsuit was filed by the New Hampshire Youth Movement against New Hampshire Secretary of State David Scanlan (R) challenging the state’s new law, House Bill 1569, requiring proof of citizenship for voting.
STATUS: The youth movement filed its lawsuit Sept. 17. The RNC and New Hampshire Republican State Committee’s request to intervene in the case is still pending before a federal district court.
North Carolina
Kivett v. North Carolina State Board of Elections
A lawsuit was filed by the RNC, the North Carolina Republican Party and two voters against the North Carolina State Board of Elections (NCSBE) and its members challenging a state law that extends voter eligibility to voters who currently reside overseas.
Following decisions from a trial court and the North Carolina Court of Appeals, individuals born overseas to parents or guardians who were North Carolina residents were allowed to vote in the state in the November election.
STATUS: On Nov. 1, the Republican plaintiffs asked the North Carolina Supreme Court to pause the lower court’s ruling pending appeal and take up the case for review.
North Carolina Republican Party v. North Carolina State Board of Elections
A lawsuit was filed by the RNC and the North Carolina Republican Party against the NCSBE and all of its members challenging the state’s practices for removing noncitizens from its voter rolls.
STATUS: The plaintiffs filed their complaint Aug. 22. Litigation is ongoing.
Republican National Committee v. North Carolina State Board of Elections
A lawsuit was filed by the RNC and the North Carolina Republican Party against the NCSBE and all of its members challenging the state’s voter registration procedures. They alleged that prior to December 2023, the state processed over 225,000 voter registration applications without collecting the required identification information.
The GOP plaintiffs argued that because of these errors, the state’s voter rolls may include many ineligible voters including possible noncitizens.
STATUS: On Nov. 22, the district court denied the state board defendants’ motion to dismiss the case. Litigation will continue.
Ohio
State of Ohio vs. United States Department of Homeland Security
A lawsuit was filed by the state of Ohio and its secretary of state, Frank LaRose (R), against the U.S. Department of Homeland Security and its secretary, Mayorkas, challenging the federal government’s refusal to provide citizenship status information.
STATUS: The plaintiffs filed their complaint Oct. 24.
Strbich v. Montgomery County Board of Elections
A lawsuit was filed by an election poll worker against the Montgomery County Board of Elections and all of its members challenging the board’s failure to properly train county poll workers on what forms of photo ID are unacceptable in the state, including those issued to noncitizens, ahead of the November 2024 general election.
STATUS: On Oct. 11, the Ohio Supreme Court ordered Montgomery County to provide amended training compliant with guidance issued by the secretary of state to local election workers who were trained on or before Sept. 25.
Texas
The Attorney General of Texas v. Mayorkas
A lawsuit was filed by Texas Attorney General Ken Paxton (R) against the Department of Homeland Security and the director of U.S. Citizenship and Immigration Services challenging the federal government’s refusal to provide citizenship status information.
STATUS: The plaintiffs filed their complaint Oct. 22.
Vermont
Morin v. City of Burlington
A lawsuit was filed by a right-wing legal group, Restoring Integrity and Trust in Elections, on behalf of two Vermont voters against the city of Burlington challenging a law authorizing noncitizen voting in local elections.
STATUS: The plaintiffs filed their complaint June 18.
Virginia
Virginia Coalition for Immigrant Rights v. Beals
A lawsuit was filed by the Virginia Coalition for Immigrant Rights and the state’s League of Women Voters chapter against Virginia Commissioner of Elections Susan Beals, Virginia Attorney General Jason Miyares (R) and all five members of the State Board of Elections challenging the state’s recent voter purge efforts.
Just days later, the DOJ also filed a lawsuit challenging Virginia’s voter purge program, and the case was consolidated with Virginia Coalition for Immigrant Rights v. Beals.
STATUS: After a district court blocked Virginia’s voter purge program and the 4th Circuit denied the state’s motion to pause that ruling, the U.S. Supreme Court granted Virginia’s request on Oct. 30 to block the trial court’s decision, so the purge program remains in effect.
Wisconsin
Cerny v. Wisconsin Elections Commission
A lawsuit was filed by a voter against the Wisconsin Elections Commission (WEC) and all of its commissioners along with the Wisconsin Department of Transportation (WisDOT) and its secretary, challenging the state’s process for verifying the citizenship status of voter registrants.
STATUS: The plaintiff filed her petition Aug. 16. Litigation is ongoing.
Oldenburg v. Wisconsin Elections Commission (II)
A lawsuit was filed by a Wisconsin voter against WEC and its administrator, Meagan Wolfe, challenging the maintenance of the state’s voter rolls. The voter claimed that WEC currently has no requirements for voter registrants to provide proof of citizenship documentation for their applications to be approved.
STATUS: On Nov. 27, the court denied the petition.