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Unlawful voting charges trigger a federal case in Missouri

A South African lawful permanent resident was charged with unlawful voting after allegedly registering and casting a ballot in Missouri’s November 2024 federal election.

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unlawful voting: Unlawful voting charges trigger a federal case in Missouri

Unlawful voting charges have been filed against a 67-year-old South African lawful permanent resident accused of registering and casting a ballot in Missouri’s November 2024 federal election.

Unlawful Voting Update

U.S. Citizenship and Immigration Services announced the case on October 22, 2026, saying it provided assistance during the investigation conducted by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

The unlawful voting case remains at an early stage.

The U.S. Attorney’s Office for the Western District of Missouri announced the criminal complaint two days earlier, on October 20, 2026.

What the federal complaint alleges

According to the Justice Department and USCIS, Hanlie Venter was born in South Africa and moved to the United States in 2020.

Venter became a lawful permanent resident, commonly known as a green card holder, in 2021.

Federal prosecutors allege that she registered to vote in September 2024 and later voted at a polling place in McDonald County, Missouri, during the November 2024 federal election.

The single-count complaint charges her with voting by an alien in an election held in whole or in part to select federal candidates.

The unlawful voting allegation concerns that alleged registration and ballot cast.

The case remains at the accusation stage, and the complaint is not a finding of guilt.

Prosecutors must present evidence in federal court, and Venter is presumed innocent unless the government proves the charge beyond a reasonable doubt.

Why lawful permanent residents cannot vote in federal elections

Lawful permanent residents may live and work in the United States, but they are not U.S. citizens unless they later complete the naturalization process and take the required oath of allegiance.

Federal law generally bars an alien from unlawful voting in an election held to select a candidate for president, vice president, presidential elector, the U.S. Senate, or the U.S. House of Representatives.

The restriction is set out in 18 U.S.C.

Section 611, which also recognizes a narrow exception for certain elections in which noncitizens are legally permitted to vote on separate state or local issues without receiving an opportunity to vote for federal candidates.

That exception does not apply when voting for the nonfederal matter is combined with voting for federal candidates on the same ballot or through the same process.

Missouri’s voter qualification rules likewise limit unlawful voting to U.S. citizens who meet the state’s residency and registration requirements.

As a result, a lawful permanent resident in Missouri generally may not register for or vote in a federal, state, or local election conducted under the state’s regular voting system.

Potential penalties in the Missouri case

USCIS said the unlawful voting charge carries a maximum penalty of up to one year in federal prison and a fine of as much as $100,000.

The maximum statutory penalty is not a prediction of the sentence Venter would receive if convicted.

A federal judge would consider the applicable sentencing guidelines, the facts established in court, the defendant’s criminal history, and other statutory factors.

The court, rather than USCIS or the U.S. Attorney’s Office, would impose any sentence after a conviction.

The public materials released by the agencies do not state whether Venter has entered a plea, appeared for an initial hearing, or been detained.

USCIS and HSI roles in the investigation

Homeland Security Investigations investigated the case, while USCIS provided assistance, according to the agency announcement.

USCIS administers immigration benefits and maintains records relevant to lawful permanent resident status, naturalization, and other immigration matters.

HSI investigates a broad range of federal offenses involving immigration, customs, and transnational crime.

The agencies did not publicly describe the specific investigative methods or records used to support the complaint.

The Justice Department release identified Assistant U.S. Attorneys Wyatt A.

Cross and Alfredo De La Rosa as the prosecutors handling the case.

Possible immigration consequences if there is a conviction

An unlawful voting allegation can create separate immigration concerns for a lawful permanent resident, but the consequences depend on the precise conduct, the final criminal disposition, and the applicable immigration statutes.

A criminal charge alone is not the same as a conviction and does not establish that a person is removable or ineligible for naturalization.

Immigration authorities may examine whether a person made a false claim to U.S. citizenship, knowingly violated an election law, or engaged in conduct affecting good moral character or other eligibility requirements.

The available USCIS and Justice Department announcements do not say that Venter made a false claim to citizenship, and no additional immigration consequence was announced.

Any individual facing a similar allegation should obtain advice from a qualified immigration attorney and a criminal defense attorney before making statements to investigators or filing an immigration application.

What green card holders should know about voting

Green card holders should not register to vote unless they are certain they have become U.S. citizens and are otherwise eligible under applicable election rules.

They should carefully review voter-registration forms because federal and state forms commonly require the applicant to affirm U.S. citizenship.

These unlawful voting rules make eligibility especially important for lawful permanent residents reviewing registration materials.

People who mistakenly receive voter-registration materials or are contacted by election officials should ask the relevant election authority how to correct the record rather than guessing about their eligibility.

Anyone who has already registered or voted while holding lawful permanent resident status should seek individualized legal advice promptly.

Corrective steps may involve both criminal and immigration considerations, so public guidance should not be treated as a substitute for case-specific counsel.

What happens next in the federal case

The next steps ordinarily include an initial appearance, review of the complaint, and a decision by prosecutors about whether to proceed through a complaint, information, or indictment.

If the case continues, the government must prove the required elements of the unlawful voting offense in federal court.

Those elements may include the defendant’s noncitizen status, the nature of the election, and the alleged act of voting in an election involving federal candidates.

The government must also satisfy the applicable criminal burden of proof.

Until a court reaches a final decision, the allegation should be described as an unlawful voting charge rather than an established violation.

How to report suspected immigration benefit fraud

USCIS directs the public to use its online tip form to report suspected immigration benefit fraud or abuse.

A report should contain accurate, relevant information and should not be used to make unsupported claims about a person’s immigration status or criminal conduct.

Reports involving immediate threats, intimidation, or other emergencies should be directed to the appropriate local law-enforcement agency.

Frequently Asked Questions

Can a lawful permanent resident vote in a federal election?

No. Lawful permanent residents are not U.S. citizens and generally may not vote in elections involving federal candidates, including presidential and congressional elections.

What is the Missouri unlawful voting case about?

Federal prosecutors allege that Hanlie Venter, a South African lawful permanent resident, registered to vote in September 2024 and cast a ballot in McDonald County during the November 2024 federal election.

Has the defendant been found guilty?

No. The case is based on a criminal complaint, which contains allegations. The defendant is presumed innocent unless proven guilty in court.

What penalty could apply if the defendant is convicted?

USCIS said the charge carries a maximum of one year in federal prison and a fine of up to $100,000. The actual sentence, if any, would be decided by a federal judge.

What should a green card holder do if they mistakenly registered or voted?

The person should promptly consult a qualified immigration attorney and criminal defense attorney for individualized advice before contacting investigators or filing an immigration application.

Fact-Checked: This report was checked against the USCIS release dated October 22, 2026, the Justice Department announcement dated October 20, 2026, 18 U.S.C. Section 611, and Missouri voter qualification law.

Disclaimer: This article is for general information and is not legal advice. Criminal and immigration consequences depend on the specific facts and final court outcome.

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Kamal Deep Singh, RCIC

Kamal Deep Singh, RCIC (Regulated Canadian Immigration Consultant) licensed by CICC (formerly known as ICCRC) with member number R708618. He brings extensive knowledge of immigration law and new changes to rapidly evolving IRCC.

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