SHANNON BREAM (CO-HOST): In Maryland, there are several towns and cities now that allow people who are not citizens to vote in the local elections. They can't vote in federal elections. College Park in Maryland is now considering doing this; it would be one of the biggest places that allows it.

 

ANDREW NAPOLITANO: Yes. I'm sorry to say it's constitutional. I'm sorry to say it because it's un-American, but there is nothing under federal law or the U.S. Constitution that requires that you have to be an American citizen to vote in a local or state election. Voting in a federal election -- members of the House of Representatives, U.S. Senate, president, and vice president -- has never been tested in court, but there's much language in the Constitution indicating that the framers intended that only American citizens can do that. But if the states want to let people who are not of age and not American citizens vote in their own local and state elections, they can probably do so.

Related:

Baltimore Sun: Amid immigration battles, College Park considers giving noncitizens voting rights

Previously:

Fox's Napolitano: “In my view, the Supreme Court” was wrong to rule voting “a fundamental right”

STUDY: Voting rights coverage was dominated by Trump's lies and ignored systemic problems