Expanding voting rights to non-citizens in municipal and mayoral elections has become a prominent issue in the United States, particularly for Democrats. Advocates argue that it promotes inclusivity and allows those who contribute to their communities but lack full citizenship to have a voice in local decision-making.

At the forefront of this movement is the implementation of Automatic Voter Registration (AVR) systems, which have been implemented in states like Massachusetts. However, critics have raised concerns about whether AVR could inadvertently register non-citizens to vote.

Massachusetts, in particular, has been expanding voting rights for several years. As the state prepares for nearly 200,000 undocumented immigrants to apply for driver’s licenses, the costs of implementing the new license access law could reach up to $28 million. The law, known as the “Work and Family Mobility Act,” expands driver’s license access to immigrants without legal status. (Illegal Aliens)

Former Governor Charlie Baker expressed concerns about the registry’s ability to verify foreign documents, leading to his veto of the measure. However, current Governor Healey has recommended a budget of $28 million to cover the logistics of implementing the law, including training staff, hiring more customer service representatives and examiners, investing in technology, and ensuring data privacy.

After implementing an automatic voter registration system that includes Medicaid applicants, Massachusetts has witnessed a significant increase in voter registration applications through social service agencies. Under this system, eligible voters who apply for Medicaid are automatically added to the voter rolls unless they choose to opt out.

In the 2021-22 election cycle, Massachusetts saw 166,539 people applying to be registered to vote through social service agencies, a substantial increase from the previous cycle’s 30,202 applications. This surge in Massachusetts voter registration applications through social service agencies is unmatched among the 44 states required to report data to the U.S. Election Assistance Commission.

Automatic Voter Registration systems, including those in Massachusetts, have been adopted by 22 states and the District of Columbia. When interacting with specific state agencies, including the motor vehicles department, these systems add eligible voters to the rolls. However, the implementation of AVR varies from state to state, with some using online pre-filled voter registration forms that still require users to complete additional steps.

Some states, such as Colorado, New Mexico, Minnesota, Nevada, and the District of Columbia, have passed legislation to create Medicaid AVR systems using a “back-end opt-out” mechanism. In this approach, voter registration is not directly prompted during the Medicaid application process. Instead, all eligible voters in the household receive a letter weeks later informing them of their imminent registration.

Individuals not wishing to be registered must respond to the letter; otherwise, they will be added to the voter rolls by default. Critics of AVR raise concerns about the “back-end opt-out” approach, suggesting that it could serve as a backdoor way to register non-citizens. They argue that by separating the voter registration process from the initial Medicaid application, the system may inadvertently register non-citizens who lack the right to vote.

The national movement to grant non-citizens voting rights in municipal and mayoral elections is gaining traction. However, maintaining the integrity of the voting process is crucial. Policymakers must develop thorough verification measures to ensure that only eligible voters participate in the democratic process. A commitment to providing the legitimacy of the democratic process should be their top priority.