No, illegal immigrants cannot vote in California. The state constitution limits voting to U.S. citizens who are at least 18 and live in California, and federal law separately makes it a crime for any non-citizen to vote in an election for President, Vice President, or Congress. The only exception anywhere in the state is a single city’s school board election in San Francisco, and it does not extend to any other race or any other city.
The Citizenship Rule
California’s voter eligibility comes down to one sentence in Article II of the state constitution: “A United States citizen 18 years of age and resident in this State may vote.”1Justia Law. California Constitution Article II – Section 2 The California Elections Code carries that requirement into the registration process.2California Legislative Information. California Elections Code Division 2, Chapter 1, Article 1 There is no carve-out for permanent residents, visa holders, DACA recipients, or anyone else without U.S. citizenship.
When you register in California, you check a box confirming you are a U.S. citizen and sign a declaration under penalty of perjury.3California Secretary of State. Quick Guide: California Voter Registration/Pre-Registration Application Falsely signing that declaration is a separate crime from voting itself.
Federal law adds another layer. Under 18 U.S.C. § 611, added by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, any non-citizen who votes in a federal election faces up to a year in federal prison, a fine, or both.4Office of the Law Revision Counsel. 18 USC 611 – Voting by Aliens The statute has a narrow exception for someone whose parents were both U.S. citizens, who lived permanently in the United States before turning 16, and who genuinely believed they were a citizen when they voted. Outside that scenario, the ban is absolute.
The One Exception: San Francisco School Board Elections
In 2016, San Francisco voters passed Proposition N, which lets non-citizen parents, guardians, and caregivers of children living in the city vote in Board of Education elections. It passed with 54 percent of the vote.5SF.gov. Non-Citizen Voting Rights in Local Board of Education Elections
The program was struck down by a San Francisco Superior Court judge in July 2022, then reinstated by a California Court of Appeal, which held that charter cities can set voter eligibility for their own school board races. The appellate court upheld the program again in August 2023, and it remains in effect.5SF.gov. Non-Citizen Voting Rights in Local Board of Education Elections
This exception is narrow in every direction. It covers only San Francisco school board races. It does not extend to city council, mayoral, state, or federal elections, and no other California city currently allows non-citizens to vote in any election.
Criminal Penalties Under California Law
California treats unauthorized voting as a serious crime. Elections Code § 18560 punishes anyone who votes or attempts to vote knowing they are not eligible with imprisonment of 16 months, two years, or three years in state prison, or up to one year in county jail.6California Legislative Information. California Elections Code 18560 The offense can be charged as a felony or a misdemeanor.
Registering while knowing you are ineligible is a separate crime. Elections Code § 18100 carries the same range of imprisonment for anyone who willfully registers, or causes someone to register, knowing they are not entitled to.7California Legislative Information. California Elections Code 18100 Someone who both registers and votes could face charges under both sections. Federal penalties under 18 U.S.C. § 611 stack on top.
Immigration Consequences
For a non-citizen, the immigration fallout usually matters more than the criminal sentence. Unauthorized voting is a deportable offense: under 8 U.S.C. § 1227, any non-citizen who votes in violation of any federal, state, or local voting restriction is subject to removal.8Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens
It is also a ground of inadmissibility. Under 8 U.S.C. § 1182(a)(10)(D), a non-citizen who has voted in violation of a voting restriction is inadmissible to the United States, which blocks the path to a green card, a visa, or citizenship.9Office of the Law Revision Counsel. 8 USC 1182 – Inadmissible Aliens This ground has no general waiver, so it can permanently close off legal immigration status. Even without a criminal prosecution, admitting to unauthorized voting on an immigration application can trigger removal proceedings.
Both statutes contain the same narrow exception as the criminal ban: two U.S. citizen parents, permanent U.S. residence before age 16, and a reasonable belief in one’s own citizenship at the time of voting.8Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens For undocumented immigrants, none of that applies. There is no safe harbor.
How California Prevents Non-Citizens From Being Registered
A common concern is that California’s automatic voter registration at the DMV puts undocumented drivers onto the voter rolls. It does not, and the reason is built into the law.
Since 2015, California has issued a separate class of driver’s license under AB 60 for people who cannot prove lawful presence.10State of California Department of Motor Vehicles. AB 60 Driver’s Licenses The license carries a distinct marking, and the DMV is prohibited by law from transmitting AB 60 applicants’ records to the Secretary of State for voter registration.11California State Senate. SB 846 Analysis The automatic system never receives those records.
For everyone else, registration involves matching a California driver’s license or ID number against DMV records and any Social Security number against federal records.12California Secretary of State. California Voter ID and Registration Requirements Those checks verify identity, not citizenship. The citizenship determination itself still rests on the applicant’s sworn statement, with criminal penalties for lying.
If You Were Registered by Mistake
Automatic registration errors do happen. If you are a non-citizen who was mistakenly added to the voter rolls, do not vote, and cancel the registration as soon as you can.
Under Elections Code § 2201, anyone can submit a voter registration cancellation request to their county elections office.13California Legislative Information. California Elections Code 2201 The form asks for your name as registered, date of birth, residence address, and signature. County elections office contacts are on the Secretary of State’s website. Acting quickly, before any election in which the registration could be used, helps show the registration was a system error rather than an intentional act, which matters for both criminal exposure and any future immigration application.