Noncitizens and voter fraud: how registering to vote can backfire

Department of Homeland Security officials are scrutinizing noncitizen voting fraud across the country, though experts say these cases are rare. 

Last year, a couple in Alaska sued U.S. Citizenship and Immigration Services (USCIS) after their citizenship oath ceremony was canceled due to an error in voter status. 

The Alaska Division of Elections admitted the error happened when the couple renewed their driver’s licenses at a Department of Motor Vehicles (DMV) location. The DMV erroneously signed the couple up as voters through a program called “Automatic Voter Registration” to improve voter participation.

This is considered fraud. Noncitizens cannot register to vote because it would mean they had falsely claimed U.S. citizenship or lied about any of the eligibility requirements. Noncitizens are barred from voting in federal elections and most states prohibit voting in state and local elections. 

If a noncitizen is convicted of lying about their citizenship status or voting in a federal election, the penalties can include fines, imprisonment, and immigration consequences such as deportation, denial of future status, exclusion from admission to the U.S. or revocation of their legal status.

“The automatic registration may confuse individuals who reasonably believe they are permitted to vote. The safest course is for anyone who is not a citizen to refrain from voting or registering to vote,” said Professor Jaclyn Kelley-Widmer of the Immigration Law and Advocacy Clinic at Cornell Law School.

But don’t worry if you can’t remember whether you ever registered to vote through a government agency. This guide will explain how to check your status and how to cancel it.

This information is not a substitute for legal advice from a qualified attorney or accredited representative. The content was last updated March, 2026.

What is automatic voter registration?

To increase voter participation, Washington D.C. and 24 states, including New York and New Jersey, have adopted automatic voter registration. The automatic voter registration process means that government agencies, most commonly the DMV, share personal information with election officials. Then, the person is registered to vote unless they specifically opt out of the process. 

If you accidentally opt in to voter registration, the DMV will forward your application to your county or city’s Board of Elections. The Board will vet each applicant before approving them as a voter, and each voter will also receive a physical voter registration card. However, mistakes may be made in rare cases.

How to opt out of voter registration at the DMV

This is the language you will see if you fill out a form at the DMV, such as a renewal for your driver’s license, according to New York State DMV Forms.

“If you are not a citizen of the United States, you must check the box below. Non-citizens who register or pre-register to vote may be subject to criminal penalties and such voter registration or pre-registration may result in deportation or removal, exclusion from admission to the United States, or denial of naturalization.”

☐ “I decline use of this form for voter registration and pre-registration purposes. Do not forward my information to the Board of Elections.”

If you are a noncitizen, check the two boxes as demonstrated below.

How to check if you are registered to vote

For the residents in New York City, check your status here. You’ll need to include:

• First name 
• Last name
• Birth date
• Borough of residence
• ZIP code of residence

For New York State residents, check your status here or call the New York City Board of Elections at 1-866-868-3692.

If you aren’t registered to vote, the page will say “Record Not Found.”

If I have an active voter status, how can I cancel it?

According to New York election law, you need to send a physical written letter to your local board of elections requesting cancellation of your voter registration. Contact information for all local boards is available on the county board of elections page.

The process for canceling registered voter status varies by state. It is usually done by contacting your local elections office for assistance. Find your local election offices here.

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