Taxation Without Representation in D.C.: Citizenship Makes No Difference
September 30, 2026
Originally a rallying cry during the American Revolutionary War, “End Taxation Without Representation” is now used as part of Washington D.C.’s campaign for a vote in Congress. Even though D.C. residents pay federal taxes, they are unable to vote in Congressional elections. This sad fate is shared with millions of people across the United States. People without American citizenship, regardless of their residency, are equally unable to vote in any federal elections despite paying federal taxes. Most noncitizens are also banned from voting at all levels of government. Uniquely, this is not the case for noncitizen residents of D.C. They just recently earned the right to vote.
How It Works
In 2022, D.C.’s Council passed the Local Resident Voting Rights Amendment Act of 2022. The change was simple. Two definitions were modified to allow noncitizens to vote, and two uses of the term “citizen” were removed in another subsection so as not to subvert this goal. If the drafters had changed the proper definitions, but left references to citizenship in the context of voting eligibility elsewhere in the code it would have led to some confusion. One change reads as follows: “These mail-in voter registration applications shall be placed in each office…so that [citizens] residents may easily obtain…” (New language italicized.) Leaving it unchanged would not have forbade noncitizens from voting, but it could have created an opportunity to restrict mail-in voter registration for noncitizens entering the civic process.
The term “qualified elector” was changed, but the citizenship requirement was not removed. Instead, an exception was added for all local elections. In relevant part, it now reads: “Is a citizen of the United States; except, that this subparagraph shall not apply in a local election.” (New language italicized.) The Council also added a new defined term: “The term ‘local election’ means: An election for: Mayor; Chairman or member of the Council; Attorney General; Member of the State Board of Education; Advisory Neighborhood Commissioner; or An initiative referendum, recall, or charter amendment measure on a District ballot.” These changes went into effect in 2023.
The Opposition
Unfortunately, not everyone is happy with the fact that noncitizen D.C. residents can vote in their own local elections. This law has encountered challenges from both litigation and legislation. A federal bill to prohibit residents without American citizenship from voting in D.C. has passed through the U.S. House but stalled in the U.S. Senate every year since 2023. Representative Pfluger from Texas carried the bill through the House (266-148) in 2025 and is still awaiting action from the Senate. Notably, the bill singles out D.C. by prohibiting noncitizens solely from voting in D.C. elections. It would still allow other states to make similar changes, rather than implementing a blanket bar.
In addition to the legislative opposition, some disgruntled voters have challenged the change in court. In Hall v. District of Columbia Board of Elections, plaintiffs argued that the new law caused a “debasement or dilution of the weight of citizen vote.” A lower court dismissed the suit for lack of standing, but the plaintiffs prevailed on the standing question on appeal. The appellate court found that the expansion of the voting populace causes a concrete injury to their individual voting power. As of the date of publication, there have not been any updates on the merits of this case.
The Legacy
Although D.C. is unable to secure a spot in Congress for itself, the District pushed against the status quo by recognizing the right to vote for all residents regardless of citizenship. Perhaps this change was because D.C. knows what it feels like to suffer taxation without representation. A rallying cry against the British that has been adopted by the nation’s capital in its petitions for voting power, taxation without representation is still a controversial concept. This controversy invites inquiry into the very concept of the right to vote. Is it truly fundamental if it relies on status? Should the right to vote belong to all who fund the system with their tax dollars? The reason Congressional representatives from across the country seem to care who votes in D.C.’s local elections is that this change is reflective of conflicting opinions over the very nature of the right to vote. If it is fundamental, then to whom?