When Will We Get Serious About Citizen-Only Voting?

In the United States, the principle that only citizens should vote in federal elections stands as a cornerstone of our Constitutional Republic's integrity. Yet, across the nation, and particularly in Colorado, gaps in enforcement and registration processes have allowed non-citizens to register and potentially vote, undermining this fundamental rule. While federal law explicitly prohibits non-citizen participation in national races, state-level practices often blur the lines, leading to what critics call a "bleed-over" effect into federal contests. Colorado, with its automatic voter registration tied to driver's licenses and minimal verification, exemplifies this vulnerability. As we approach future elections, it is time to demand stricter safeguards to ensure that only American citizens decide the nation's fate. This op-ed examines the legal and constitutional underpinnings, real-world evidence from Colorado, the risks of crossover voting, political resistance, and actionable solutions.

The Constitutional and Legal Foundation for Citizen-Only Voting

The U.S. Constitution provides the bedrock for restricting voting to citizens, though it does not explicitly mandate citizenship for all elections. The Fourteenth Amendment, ratified in 1868, defines citizenship: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." This amendment, part of the Reconstruction era, aimed to protect newly freed slaves' rights but also established a clear distinction between citizens and non-citizens in matters of civic participation. While the Constitution delegates election administration to the states under Article I, Section 4, federal oversight ensures uniformity in protecting citizen-only voting for national offices.

Federal law reinforces this through 18 U.S.C. § 611, which makes it a crime for any alien to vote in an election for federal office, punishable by fines or imprisonment. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 further criminalizes non-citizen voting in federal elections, emphasizing that such acts undermine the electoral process. States must comply, but they retain authority over local and state elections, creating potential loopholes.

In Colorado, the state constitution was amended in 2020 via Amendment 76, which voters approved with 62.9% support. It changed the language from "every citizen" to "only a citizen" may vote, explicitly barring non-citizens from all elections. This measure, backed by groups like Colorado Voter Protection, aimed to close perceived gaps in voter eligibility. Colorado Revised Statutes § 1-2-101 echo this, requiring voters to be U.S. citizens, at least 18 years old, and residents for 22 days before an election. Yet, enforcement relies on self-attestation during registration, with no mandatory proof of citizenship unless challenged.

Media outlets have highlighted these foundations. A Denver Post article noted that while non-citizen voting is illegal federally, state-level ambiguities persist, fueling Republican calls for reform. Similarly, the Associated Press reported on Colorado's 2020 amendment as a proactive step amid national debates over election security. These legal pillars are clear, but their application in Colorado reveals cracks that invite exploitation.

Non-Citizen Voting in Colorado: Evidence and Incidents

Despite robust laws, incidents in Colorado demonstrate how non-citizens end up on voter rolls. In October 2022, the Colorado Secretary of State's office mistakenly mailed voter registration postcards to approximately 30,000 non-citizens, encouraging them to register. This error stemmed from a data mismatch between the Department of Revenue's driver's license database and voter records. While officials claimed no non-citizens voted as a result, the incident exposed systemic flaws. CBS News Colorado covered the story, noting that the postcards were sent to individuals identified as non-citizens through driver's license applications, raising questions about registration safeguards.

Further evidence comes from legislative responses. In 2025, Colorado lawmakers introduced Senate Bill 25-057, which mandates the cancellation of voter registrations for non-citizens and requires cross-checks with federal databases like SAVE (Systematic Alien Verification for Entitlements). This bill acknowledges ongoing issues, as non-citizens can obtain driver's licenses without proving citizenship, and Colorado's automatic voter registration at DMVs enrolls them unless they opt out. A Public Interest Legal Foundation report detailed how, in the 2022 midterms, this led to thousands of potential improper registrations.

Media investigations underscore the scale. Rocky Mountain PBS explored how Colorado prevents non-citizen voting, admitting that while rare, cases occur due to human error or fraud. In 2011, then-Secretary of State Scott Gessler reported up to 11,805 non-citizens on voter rolls, prompting a federal inquiry. X posts from Colorado residents, like one from @sapper033, highlight public frustration: "Colorado doesn't have any checks to prevent a non-citizen... from voting." These anecdotes align with broader data from the Heritage Foundation, which logs instances of non-citizen voting nationwide, including Colorado cases.

Critics argue such occurrences are minimal, citing Brennan Center studies showing non-citizen voting at 0.0001% in 2016. However, in a swing state like Colorado, even small numbers can sway close races, as seen in the 2020 presidential election where margins were tight in key counties.

The Bleed-Over Effect: Local to Federal Elections

The real danger lies in how non-citizen participation in local elections spills into federal ones. Colorado does not allow non-citizens to vote in any elections post-Amendment 76, but registration processes do not always differentiate. Ballots combine federal, state, and local races, making separation impossible without rigorous checks. If a non-citizen registers via a driver's license and receives a mail-in ballot, they could vote in all contests undetected.

This "bleed-over" mirrors issues in Arizona, where non-citizens vote legally in local elections but often end up influencing federal ones due to lax verification. In Colorado, similar risks exist. A 2024 Denver Post piece discussed how Republican messaging centers on this, citing fears that immigrants illegally cast ballots in federal races. NPR reported on claims that Democrats encourage migrant voting, exacerbating the issue in states like Colorado with high immigration.

Evidence from X threads, such as @DenverVisitor's post on foreign influence in Colorado elections, suggests non-citizen registrations inflate rolls, potentially affecting federal outcomes. A Migration Policy Institute explainer notes no widespread evidence but admits isolated incidents could occur in combined-ballot systems. In 2022, after the postcard mishap, officials admitted to reviewing 58 registrations from non-citizens, some of whom may have voted previously. This bleed-over erodes trust, as seen in close Colorado congressional races.

Political Motivations and Resistance

Resistance to stricter measures often stems from partisan divides. In Colorado, Democrats like Secretary of State Jena Griswold argue that citizenship-proof requirements discriminate against minorities and suppress turnout. Bills like HB21-1086, which sought proof of citizenship, failed amid claims of voter suppression. Media outlets like Colorado Newsline portray such efforts as Republican fearmongering, despite federal laws mandating citizen-only voting.

X users like @FinalTelegraph accuse Democrats of using non-citizen voting to maintain power, linking it to broader immigration policies. A Bipartisan Policy Center report notes no states allow non-citizens in statewide elections, but local allowances in places like New York fuel suspicions. In Colorado, Governor Jared Polis's support for sanctuary policies amplifies concerns, as seen in media coverage of driver's license expansions for immigrants. This resistance, critics argue, prioritizes political gain over constitutional integrity.

Solutions and the Path Forward

To address this, Colorado must adopt federal-style safeguards. The SAVE Act, passed by the U.S. House in 2024 and reintroduced in 2025, requires proof of citizenship for voter registration, such as a passport or birth certificate. Colorado could implement similar measures, cross-referencing rolls with USCIS databases. Ending automatic registration at DMVs without citizenship verification would prevent errors.

Nationally, constitutional amendments in states like Idaho and Wisconsin in 2024 prohibit non-citizen voting, setting precedents. Media advocacy, like AP's coverage of voter fraud myths, should balance with investigations into real incidents. Public education on laws, combined with penalties for fraud, would deter violations.

Colorado's experiences highlight a national crisis: laws exist, but enforcement lags. By demanding citizen-only voting through legal reforms and vigilant oversight, we preserve our Constitutional Republic. The time for seriousness is now, before another election is tainted.

Michael J Badagliacco, “MJB”

Michael is a United States Air Force Veteran, father of five and grandfather of three, passionate about this country and the Constitution. 

Editor-in-Chief, Colorado DOGE Report.