Should non-citizens be allowed to vote in RI municipal elections? New bill would give cities, towns say.

A progressive Providence lawmaker wants non-citizens to be able to vote in local elections.

Bill H 5461, introduced by Rep. Enrique Sanchez, would authorize cities and towns to pass ordinances allowing all residents to vote in their municipal elections, regardless of immigration status.

“People living in our community might not be citizens, but they still pay taxes, still have kids in the schools. They still have to drive around potholes and need police and fire services,” Sanchez said in a statement. “Some neighborhoods like mine have lots of immigrants, and these whole neighborhoods have less of a voice because many people can’t vote.”

Rep. David Morales, a fellow progressive Providence Democrat, is the bill's main co-sponsor, Sanchez said. Other co-sponsors include Reps. Karen Alzate and Jennifer Stewart of Pawtucket, Joshua Giraldo of Central Falls, Brianna Henries of East Providence and Nathan Biah of Providence. All are Democrats.

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Does Rhode Island's constitution allow non-citizens to vote?

On the topic of voting rights, Rhode Island's constitution states: "Every citizen of the United States of the age of eighteen years or over who has had residence and home in this state for thirty days next preceding the time of voting, who has resided thirty days in the town or city from which such citizen desires to vote, and whose name shall be registered at least thirty days next preceding the time of voting as provided by law, shall have the right to vote for all offices to be elected and on all questions submitted to the electors, except that no person who has been lawfully adjudicated to be non compos mentis shall be permitted to vote."

Sanchez said that he didn't think it would be necessary to amend the state's constitution in order to allow non-citizens to vote. He referred questions to Sen. Sam Bell, D-Providence.

Bell said that Rhode Island's constitution "affirmatively grants the right to vote to U.S. citizens of 18 years of age or older."

"It does not mean that people who do not meet those qualifications lose those rights," he said.

The 9th Amendment of the U.S. Constitution and Article 1, Section 24 of the Rhode Island Constitution — which states that the "enumeration of the foregoing rights shall not be construed to impair or deny others retained by the people" — makes that "crystal clear," Bell said. He said that there was "ironclad precedent in American law" for his argument.

Bell said that he is not sponsoring the bill, but supports the legislation.

In past years, lawmakers have proposed allowing 17-year-olds to vote in primary elections if they will turn 18 by the time of the general election, which would raise the same constitutional questions.

What would allowing non-citizens to vote look like?

Sanchez's bill would give communities the option to pass an ordinance that would allow non-citizens to vote. They would not automatically be required to open up their elections.

Only municipal elections would be affected. Non-citizens would not be able to vote in state or federal elections, Sanchez said.

The legislation does not specify what proof of residency would be required. Sanchez said that a driver's license or an Individual Taxpayer Identification Number — issued to people without Social Security numbers — could be potential options. (Last year, the General Assembly passed legislation allowing undocumented immigrants to obtain driver's licenses.)

The 30-day voter registration deadline laid out in the state constitution would still apply, Sanchez said. He said he wasn't looking to impose any additional residency requirements, such as a requirement that a voter have lived in a community for a certain number of years.

"There won’t be any roadblocks," he said. "Anyone who’s a resident and has been here for over 30 days, living in the town or city, would be able to vote in local elections."

The bill doesn't just have implications for undocumented immigrants. It also means that an international student at Brown could be eligible to vote in Providence elections, Sanchez confirmed.

He noted that New York and San Francisco have already opted to allow non-citizens to vote in some elections.

San Francisco allows non-citizens to vote in school board elections, and does not require proof of residency other than a signed affidavit. New York's policy, which has not gone into effect, would apply to anyone who has a green card or work authorization. Both policies are currently being challenged in court.

This article originally appeared on The Providence Journal: Bill would allow non-citizen voting in RI municipal elections