A federal judge has dismissed a lawsuit against a Washington, D.C. law that permits noncitizen participation in local elections.
In May 2023, seven American citizen voters represented by the Immigration Reform Law Institute (IRLI) filed a lawsuit against the District of Columbia Board of Elections (DCBOE) and the Local Resident Voting Rights Amendment Act of 2022.
The law, which was passed by the D.C. Council in 2022, removed the citizenship requirement for voting in local elections provided that these noncitizens met all other requirements for voting, such as being over 18 and having lived in the district for at least 30 days. (Related: New York City’s noncitizen voting law struck down as unconstitutional.)
No distinction was made on whether or not their migration status is legal, which means that anyone from undocumented immigrants to staff members of the more than 170 foreign embassies in D.C. could not only vote in local elections but also run for D.C. government roles and serve on boards.
"It follows from our national independence that United States citizens have a right to govern, and be governed by themselves," the plaintiffs stated in their complaint, arguing that noncitizens lack the fundamental right to vote, citing Supreme Court precedents that support their claim.
The IRLI filed a petition to Congress seeking an injunction to halt the implementation of the law and prevent the DCBOE from registering noncitizens to vote or counting their votes. Additionally, the IRLI argues that the law breaches both the equal protection and due process clauses of the Fifth Amendment by allowing noncitizens to vote, which "dilutes the vote of every U.S. citizen voter in the District."
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However, Senior Judge Amy Berman Jackson of the U.S. District Court for the District of Columbia argued against the plaintiffs, dismissing the case.
In a 12-page opinion, Jackson, appointed by former President Barack Obama, said the IRLI's case lacked grounds because the complaint "does not include facts showing plaintiffs' right to vote has been denied, that they have been subjected to discrimination or inequitable treatment or denied opportunities when compared to another group or that their rights as citizens have been 'subordinated merely because of [their] father's country of origin.'"
"In sum, plaintiffs have not alleged that they have personally been subjected to any sort of disadvantage as individual voters by virtue of the fact that noncitizens are permitted to vote, too," Jackson wrote.
"They may object as a matter of policy to the fact that immigrants get to vote at all, but their votes will not receive less weight or be treated differently than noncitizens' votes," she continued. "They are not losing representation in any legislative body; nor have citizens as a group been discriminatorily gerrymandered, 'packed' or 'cracked' to divide, concentrate or devalue their votes. At (the) bottom, they are simply raising a generalized grievance, which is insufficient to confer standing."
IRLI vows to appeal case's dismissal
In response, Christopher Hajec, IRLI director of litigation, vowed to appeal the federal judge's decision.
"This case is only just beginning. It was always going to be decided at a higher level than a U.S. district court. We will appeal this flawed and limited decision to the D.C. Circuit, and ask that court to decide—as the district court refused even to consider—whether American citizens have a right to govern themselves and what that right entails," said Hajec.
"The very notion of our nation's independence is threatened by this law and others like it. The sovereignty of the people – and that means citizens – is basic to our theory of democratic self-rule, as the Supreme Court has held again and again. We seek a precedent spelling that out at the highest level," he added.
Dale Wilcox, the executive director of IRLI, also echoed similar concerns. He argued that such laws could pave the way for noncitizens to vote in statewide and federal elections.
Learn more about voter fraud and attempts to secure America's elections at VoteFraud.news.
Watch this video showing millions of illegals flooding into America, many of whom could end up voting in elections.
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