And experts said the president doesn’t have the authority to decide who can vote.
“No, the president does not have power to decide who is eligible to vote and who is not,” Sean Morales-Doyle, director of voting rights from Brennan Center of Justice, told USA TODAY. “Power typically belongs to state legislatures and state constitutions.”
Currently, none of the 50 U.S. states allow noncitizens to vote in federal elections, Morales-Doyle said.
Moreover, in 1996, Congress made it illegal for non-citizens to vote in federal elections.
“States theoretically could allow some noncitizens to vote in some circumstances, but it would be unlikely that they would allow them to vote in any election that would affect other states” as federal elections do, Juan-Carlos Planas, a lawyer and professor at St. Thomas University, told USA TODAY.
https://www.usatoday.com/picture-gallery/news/politics/2022/11/28/early-voting-under-way-georgia-us-senate-runoff-warnock-walker/10790337002/
According to the claim, Biden’s order would allow ineligible prisoners to vote. However, the right of a convict to vote depends on the laws of the state or territory where they were convicted. Even incarcerated individuals can vote in states such as Maine, Vermont, the District of Columbia and the territory of Puerto Rico, according to the Justice Department.