princessconsuela

Hello everyone,

I have a green card and was always under the impression that I couldn't vote without being a citizen. A couple of months a colleague (also with a green card) said that we can vote but only in state and local elections and sited this google search:
https://www.google.com/webhp?sourcei...0holder%20vote

That looked pretty good to me but then when I downloaded the form (below) to register to vote the first question is "are you a US citizen" which I am technically not!
http://www.sos.state.oh.us/sos/uploa...forms/4010.pdf

Does anyone know if green card holders can vote in state and local elections? And if so, how?

Thanks!

mrken30

Green card holders are generally not allowed to vote. I believe there are a couple of cities where you can vote in local elections.

princessconsuela

Thanks, that's what I thought... I re-read the google search and noticed that it says "only vote in local and state elections that don't require you to be a U.S. citizen" which i think is where the confusion came from!

sir_eccles

The trick as you have found out is getting registered only for the local election. Any suggestion that you end up on the federal election roll even by accident could severely jeopardise your future status and ability to naturalise.

Tread carefully, I personally recommend waiting until you are a citizen.

princessconsuela

I totally agree! I see it says that telling fibs while registering to vote is a felony - definitely not worth it!

sir_eccles

To clarify, it's not just fibbing it's making a "false claim to US citizenship". This is about as serious as it gets, there are very few remedies (if any).

mrken30

I would forget about registering to vote until you get citizenship. It's not worth the effort or risk.

S Folinsky

The issues can be interesting. Here is a case that yours truly litigated and ended up being one of the first cases on the subject: McDonald v Gonzales

Curiously, the former INS set up the case as a violation of state law. That is not apparent from the decision and when other lawyers consulted me about the opinion, I would warn them of that.

Here is the 7th Circuit case of Kimani v Holder. The court in Kimani caught the limitation of McDonald to Hawaii law. It did not note that it was the INS that had sought to rely on state law.

The Board of Immigration Appeals issued Matter of Fitzpatrick earlier this year. McDonald is noted in footnote #4

mrken30

Personally I would avoid litigation if at all possible.

Guindalf

There is no "technically" about it. Unless you've been naturalized, as a GC holder, you are NOT a US citizen and, as has already been stated, that carries some serious penalties!

Pulaski

To be clear, it is likely to prevent you ever becoming a US citizen.

sir_eccles

I want to say it was part of DACA but there was a recent rule change wherein if you were brought into the country as a minor and grew up believing you were actually a citizen and had no reason to think otherwise, then it is possible that it could be forgiven.

Beyond that though, you are likely sol.

Bob

Up in Maine, you can vote for local things on a Greencard, school board, mayor and that's about it.

Not worth the hassle though as you'll likely be registered to vote by mistake for the whole shebang and that's a big no-no as already mentioned.

Pulaski

I understand that to be correct.