---
kind: "section"
citation: "22 C.F.R. § 40.104"
title: "22"
number: "40.104"
heading: "Unlawful voters."
url: "https://uscodex.org/cfr/22/40.104"
---

# §40.104. Unlawful voters.

- (a) Subject to [paragraph (b)](#b) of this section, an alien is ineligible for a visa if the alien has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation.
- (b) Such alien shall not be considered to be ineligible under [paragraph (a)](#a) of this section if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such violation that he or she was a citizen.

## Notes

### Amendments

[70 FR 35527, June 21, 2005]

### Source

Source: 56 FR 30422, July 2, 1991, unless otherwise noted. Redesignated at 61 FR 59184, Nov. 21, 1996.

### Authority

Authority: 8 U.S.C. 1104, 1182, 1183a, 1641

### Source

Source: 56 FR 30422, July 2, 1991, unless otherwise noted.

### Amendments

[70 FR 35527, June 21, 2005]