A 64-year-old lawful permanent resident from Cass County, Missouri is facing federal charges after prosecutors say he voted illegally in federal elections for roughly two decades, including in November 2022 and November 2024. Andres Garcia, who was born in Cuba, is charged with two counts of illegally voting in federal elections, one tied to the November 2022 contest and the other to the November 2024 contest, according to federal prosecutors.
As reported by KMBC, prosecutors allege Garcia registered to vote in Cass County in 2004 and went on to cast ballots in at least 15 elections, including at least 13 federal elections, over the following two decades. Federal prosecutors say he came to the United States as a child and did not become a lawful permanent resident until 2009 — meaning he was not even a green-card holder when he first registered. The indictment alleges Garcia claimed to be a U.S. citizen both when he registered to vote in 2004 and again in 2013, and that he knew at the time he was not actually a citizen.
U.S. Attorney R. Matthew Price for the Western District of Missouri said that casting an unauthorized ballot undermines public confidence in elections, according to the U.S. Department of Justice. Homeland Security Investigations Kansas City led the federal probe into Garcia, and HSI Acting Special Agent in Charge Rick Sabatini said election integrity is nonnegotiable and that the agency works continuously with law enforcement partners to stop illegal voting interference.
What Garcia Could Face in Court
If convicted, Garcia faces up to one year in prison and a $100,000 fine on each count, penalties consistent with 18 U.S.C. § 611, which makes voting by a noncitizen in a federal election a Class A misdemeanor, according to Ballotpedia. Knowingly making a false claim of U.S. citizenship on a voter registration form is a separate federal crime under 18 U.S.C. § 1015(f), carrying penalties of up to five years in prison, per Alma. The charges against Garcia remain accusations, and he is presumed innocent unless proven guilty.
Federal immigration law adds another layer of consequence beyond any criminal sentence. Under Section 237(a)(6) of the Immigration and Nationality Act, a noncitizen who votes in violation of federal, state, or local law may be subject to removal.
Missouri's Amendment 7 and the Bigger Picture
Garcia's case lands against the backdrop of a 2024 statewide vote that hardened Missouri's constitutional language on the issue. Missouri voters approved Amendment 7 that November with 68.4% support, a margin of 1,966,852 to 906,851, amending the state constitution to specify that “only” U.S. citizens are entitled to vote in Missouri elections, according to Ballotpedia. Noncitizen voting in state and local elections was already illegal under Missouri statutory law before that amendment passed, The Beacon reported, and critics argued the citizenship language was included as “ballot candy” to help pass a simultaneous ban on ranked-choice voting.
