According to the Legal Information Institute, 18 U.S. Code § 611 – Voting by aliens states:
(a) It shall be unlawful for any alien to vote in any election held solely or in part for the purpose of electing a candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, unless—
(1) the election is held partly for some other purpose;
(2) aliens are authorized to vote for such other purpose under a State constitution or statute or a local ordinance; and
(3) voting for such other purpose is conducted independently of voting for a candidate for such Federal offices, in such a manner that an alien has the opportunity to vote for such other purpose, but not an opportunity to vote for a candidate for any one or more of such Federal offices.
(b) Any person who violates this section shall be fined under this title, imprisoned not more than one year, or both.
(c) Subsection (a) does not apply to an alien if—
(1) each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization);
(2) the alien permanently resided in the United States prior to attaining the age of 16; and
(3) the alien reasonably believed at the time of voting in violation of such subsection that he or she was a citizen of the United States.
That is the law. Judges are supposed to uphold the law. However, that does not always seem to be the case.
Last Monday The New York Times posted an article about a ruling by U.S. District Judge Julie Robinson.
The article reports:
A federal judge ruled Monday that Kansas cannot require documentary proof of U.S. citizenship to register to vote, finding such laws violate the constitutional right to vote in a ruling with national implications.
The ruling by U.S. District Judge Julie Robinson is the latest setback for Kansas Secretary of State Kris Kobach, who has championed such laws and led President Donald Trump’s now-defunct voter fraud commission. The 118-page decision came in two consolidated cases challenging a Kansas voter registration law requiring people to provide documents such as a birth certificate, U.S. passport or naturalization papers.
The decision strikes down the Kansas proof-of-citizenship registration law and makes permanent an earlier injunction that had temporarily blocked it.
The article explains the history of non-citizens attempting to register to vote in Kansas:
But the decision drew criticism from Steve Watkins, the Republican candidate for Kansas’ 2nd Congressional District, who called it “the latest example of unelected judges replacing their wisdom for that of voters.”
“There is nothing controversial about requiring United States citizens to show identification when they register to vote; it protects American citizen’s right to free and fair elections. Instead of mocking or playing politics with the integrity of our electoral process — the judiciary should be protecting it,” Watkins said.
Kansas has about 1.8 million registered voters. Kobach has told the court he has been able to document a total of 127 noncitizens who at least tried to register to vote. Forty-three of them were successful in registering, he says, and 11 have voted since 2000. Five of those people registered at motor vehicle offices, according to Kobach.
In the first three years after the Kansas law went into effect in 2013, about one in seven voter registration applications in Kansas were blocked for lack of proof of citizenship — with nearly half of them under the age of 30, according to court documents. Between 2013 and 2016, more than 35,000 Kansas residents were unable to register to vote.
I have a question. If the law says non-citizens cannot vote in national elections, doesn’t it make sense to ask people who are registering to vote to prove they are citizens? This is another really bad example of a judge making a ruling that goes against established law. When this occurs, judges who do this need to be impeached and removed from the bench.