Can non-citizens vote in and swing US presidential election? Trump, allies move court

Former President Donald Trump and his Republican allies have escalated claims that the November 5 US presidential election could be influenced by non-citizen voting, filing multiple lawsuits across key swing states.

Democracy advocates warn the legal challenges are part of a broader effort to undermine confidence in the election process.

Lawsuits across swing states

At least eight lawsuits have been filed challenging voter registration procedures in four of the seven battleground states expected to decide the contest between Trump and Vice President Kamala Harris. The lawsuits primarily target state voter registration systems, alleging insufficient safeguards to prevent non-citizens from registering or remaining on voter rolls.

A lawsuit in North Carolina claims that nearly 225,000 voters were registered without sufficient documentation, though state officials have contested that figure.

In Arizona, a lawsuit seeks to force counties to investigate around 44,000 voters who were allowed to register without providing proof of citizenship, exploiting a two-tiered system that requires such proof for state but not federal elections.

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The Republicsn narrative

Trump’s campaign insists the lawsuits are aimed at protecting election integrity. “We believe our lawsuits will stop non-citizen voting, which threatens American votes,” said a spokesperson for the Republican National Committee.

“The former president is doing what he’s done in past elections, setting up a narrative that says if he wins, the election is fair, but if he loses, it’s rigged,” said New Mexico Secretary of State Maggie Toulouse Oliver, a Democrat.

Democracy advocates argue that Trump’s legal strategy is aimed at laying the groundwork for challenging results in crucial states if he loses.

While national polls show Harris with a slight edge over Trump, the race is tight in swing states like Arizona, Michigan, and Pennsylvania, where legal challenges have already been filed. If the final results in these states are close, a successful legal challenge could have significant consequences.

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Evidence of non-citizen voting

Studies show that illegal voting by non-citizens is infrequent. In the 2016 election, just 30 incidents were identified out of 23.5 million ballots, according to the Brennan Center for Justice at New York University. Similarly, a study of voter rolls in 2020 found only isolated incidents of illegal voting, far too few to affect the outcome of the election.

Trump and his allies previously filed over 60 lawsuits attempting to overturn his 2020 election loss, most of which were dismissed due to lack of evidence. Legal experts say the current wave of lawsuits may follow a similar trajectory.

While Trump’s lawsuits focus on potential voting irregularities, experts say there is no substantial evidence to support the notion that non-citizens could swing a US presidential election.

“It’s not happening,” said Chuck Coughlin, a Phoenix-based political strategist who ended his lifelong Republican registration in 2017 and is now an independent. “It’s a MAGA narrative intended to gaslight Republicans about election integrity.”

With inputs from Reuters