(c) False claims of citizenship: 18 U.S.C. § 911
Section 911 prohibits the knowing and willful false assertion of
United States citizenship by a non-citizen. See, e.g., United States v.
Franklin, 188 F.2d 182 (7th Cir. 1951); Fotie v. United States,137
F.2d 831 (8th Cir. 1943). Section 911 requires proof that the offender
was aware he was not a United States citizen, and that he was falsely
claiming to be a citizen. Violations of Section 911 are punishable by
up to three years of imprisonment.
As noted, all states (but not all local jurisdictions) require
United States citizenship as a prerequisite for voting; and, under the
NVRA, all states must make this citizenship requirement clear, and
prospective registrants must sign applications under penalty of perjury
attesting that they meet this requirement. Therefore, falsely attesting
to citizenship in any state is now more likely to be demonstrably
willful, and therefore cognizable under Section 911.
9. Voting by Aliens: 18 U.S.C. § 611
Section 611 creates an additional crime for voting by persons
who are not United States citizens. It applies to voting by noncitizens in an election when a federal candidate is on the ballot,
except when non-citizens are authorized to vote by state or local law
for non-federal candidates or issues, and the ballot is formatted in a way
that the non-citizen has the opportunity to vote solely for these nonfederal candidates or issues. Unlike Section 1015(f), Section 611 is
directed at the act of voting, rather than the act of lying.
Also unlike Section 1015(f), Section 611 states a general
intent offense, i.e., the offender must have known that he or she was
not a citizen, and that the act he or she performed was an act of voting.
However, it is not necessary to prove that the offender knew that
voting by non-citizens was illegal. As thus interpreted, Section 611
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