Michigan Advisory Opinions January 22, 1982: AGO 6031 (January 22, 1982)

AGO 6031.

You have requested my opinion upon the following question:

Does a resident alien who has not yet become a United States citizen have the right to vote at the annual meeting of a township?

RS 1846, ch 16, Sec. 102; MCLA 41.102; MSA 5.151, provides:

'Each inhabitant of any township, having the qualifications of an elector, as specified in the constitution of this state and in statutes enacted thereunder, and no other person, shall have a right to vote on all matters and questions before any township meeting, and when any person claiming the right to vote shall be challenged by a voter, the moderator shall proceed in the same manner as on challengers at the election of township officers.' [Emphasis added.]

Const 1963, art 2, Sec. 1, provides in part:

'Every citizen of the United States . . . and who meets the requirements of local residence provided by law, shall be an elector and qualified to vote in any election except as otherwise provided in this constitution. The legislature shall define residence for voting purposes.' [Emphasis added.]

Also, regarding United States citizenship for voting, see Reynolds v Sims, 377 US 533; 84 S Ct 1362; 12 L Ed 2d 506 (1964), and Kramer v Union Free School District, 395 US 621; 89 S Ct 1886; 23 L Ed 2d 583 (1969).

Inasmuch as inhabitants of a township must have the qualifications of an elector, and electors must be United States citizens to vote at township meetings, it is my opinion that a resident alien who has not yet become a United States citizen does not have the right to vote at the annual meeting of the township.

Frank J. Kelley

Attorney General