Five states have measures on the ballot this year that would amend their constitutions to ban noncitizens from voting. Because noncitizen voting is already illegal under both federal and state law, the measures have largely been seen as having little effect — other than perhaps boosting GOP turnout for the midterms.
But a new analysis by Democracy Docket suggests these measures — all of which were put on the ballot by Republican lawmakers — are more dangerous than they may appear: That’s because, under the guise of banning noncitizens from the polls, they also appear aimed in part at weakening voting rights protections in state constitutions via seemingly small changes in wording.
The result would be to undermine the franchise for everyone.
“I think courts are less likely to provide robust protection to voters under their state constitution, as a result,” Josh Douglas, a law professor at the University of Kentucky, told Democracy Docket.

