Indiana Attorney General Todd Rokita and Vigo County Prosecutor Terry Modesitt announced felony charges Wednesday against Francisco Aguilar Romero, a Mexican national with Deferred Action for Childhood Arrivals (DACA) status, for allegedly registering and voting in multiple federal elections despite not being a U.S. citizen. The charges stem from Romeroβs alleged participation in four general elections and several municipal contests, raising questions about the effectiveness of current voter registration safeguards and the prevalence of noncitizen voting in the United States.
Explainer Voter Registration Integrity: Revealing Risks and Reform Paths for American Elections
Allegations and Investigation
According to an affidavit of probable cause, Romero admitted to registering to vote at an Indiana Bureau of Motor Vehicles (BMV) office in 2018 and again in 2023. The registration process involved a form requiring applicants to attest to their U.S. citizenship under penalty of perjury. Both forms associated with Romero had the citizenship βYESβ box checked. However, Romero claimed he did not personally fill out the forms and was not given information about them. The affidavit notes that the fields on the forms were system-generated rather than handwritten, suggesting the information may have been entered electronically by BMV staff or through an automated process.
Romero told authorities that BMV employees informed him he was eligible to vote. He stated that after receiving a voter registration card, he used it along with his identification to vote in the 2018, 2020, 2022, and 2024 general elections, as well as in several local elections. However, BMV employees denied having any such interaction with Romero or providing information about voter eligibility to him.
"He did not fill out any of the information himself."
β Affidavit of probable cause
Legal and Political Context
Federal law does not currently require documentary proof of citizenship to register to vote in federal elections. The National Voter Registration Act of 1993 allows applicants to register using a Social Security number or driverβs license number to confirm identity. These forms of identification can be obtained by noncitizens, including those with DACA status, which has led to renewed scrutiny of registration procedures in light of Romeroβs case.
Earlier this year, House Republicans passed the Safeguard American Voter Eligibility (SAVE) America Act. This legislation would amend the National Voter Registration Act to require documentary proof of citizenship and voter identification for federal elections. Supporters argue that such measures are necessary to prevent noncitizen voting, while opponents contend that additional requirements could disenfranchise eligible voters. The bill has stalled in the Senate, where a bipartisan group of lawmakers has blocked its passage. The Supreme Court has previously interpreted federal law as prohibiting states from demanding documentary proof of citizenship for federal voter registration forms, leaving the current system in place.
Broader National Debate
The case has become part of a larger national debate over the adequacy of voter registration safeguards. In July, the Department of Homeland Security reported that more than 250,000 noncitizens were illegally registered to vote in four states: California, Pennsylvania, New Jersey, and Nevada. Critics of the current system argue that such figures highlight the need for stricter verification procedures. They point to cases like Romeroβs as evidence that noncitizen voting, while rare, does occur and could undermine public confidence in elections.
Supporters of the existing registration process maintain that documented cases of noncitizen voting remain rare and that imposing additional requirements could create barriers for eligible voters, particularly those who may have difficulty obtaining documentary proof of citizenship. They argue that the risk of disenfranchisement outweighs the relatively low incidence of noncitizen voting.
Responses and Next Steps
Officials from the Indiana BMV have denied Romeroβs claim that staff told him he was eligible to vote. No comment from Romeroβs legal representation or federal immigration authorities was included in the announcement by state officials. The case is expected to proceed through the Indiana court system, where prosecutors will seek to prove that Romero knowingly registered and voted in violation of state and federal law.
The outcome of the case could have implications for ongoing debates about voter registration laws and the balance between election security and access. As lawmakers continue to consider changes to federal and state requirements, cases like Romeroβs are likely to remain at the center of discussions about how best to protect the integrity of U.S. elections while ensuring that eligible voters are not unfairly excluded.
