Chinese citizen is said to have voted illegally in an important contested state

A Chinese citizen attending the University of Michigan has been accused of voting illegally in the key battleground state of Michigan — and that student's vote continues to be counted.

A spokesperson for the Michigan Secretary of State confirmed to Fox News Digital that the Chinese citizen voted on Sunday, October 27, at a polling station at the University of Michigan Museum of Art.

The state's top authorities condemned the 19-year-old's actions and said the man could not vote in federal elections because he was not a U.S. citizen.

“Only U.S. citizens can register and vote in our elections. It is illegal to lie about one's citizenship status on registration forms or voting applications. This is a crime,” Secretary of State Jocelyn Benson and Washtenaw County Prosecutor Eli Savit wrote in a joint statement.

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Voters cast their ballots during Michigan's early voting period on October 29, 2024 in Dearborn, Michigan. (Bill Pugliano/Getty Images)

Despite the fact that the Chinese citizen's ballot was cast illegally, it is expected to be counted in the upcoming election.

Andrew McCarthy, a Fox News contributor and former assistant U.S. attorney for the Southern District of New York, told Fox News Digital that it is expected to be counted because there is no way for election officials to find it again once it is run through a tabulator became.

“Due to voter secrecy requirements, the ballot does not contain an identifying PIN number or other identifying information that would allow someone to find out after the fact who voted for whom,” he said. “That’s our commitment to secret voting.”

“But what it means is that if the person passes the identification and qualifications aspect of early voting and is allowed to fill out the ballot, then the ballot goes into a tabulator and is counted because there is no way to retrieve it and retrieve it. “ Say, ‘This is the ballot that shouldn’t be voted on.’ And that’s the problem here.”

Andrew McCarthy, a Fox News contributor and former assistant U.S. attorney for the Southern District of New York, discussed election integrity with Fox News Digital. (Fox News Digital)

McCarthy said the hope is that there is “enough election security that this occurs so rarely that it does not compromise the integrity of the results.”

“But the other important thing, and I don't think there is enough of this, is that it is a violation of both state and federal law for a foreign national to certify that he is an American citizen in order to register as a voter let. “,” he said. “And then, at least at the federal level, it is a crime for a non-American to vote, at least if done knowingly.”

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“You have to file these lawsuits because people have to be aware that there is a price to pay when you vote illegally,” he said. “And if you don’t make these cases, then you’re not really serious about election integrity.”

Ballot applications lie at a check-in table at a polling place in Dearborn, Michigan, where voters cast ballots during Michigan's early voting period on October 29, 2024. (Bill Pugliano/Getty Images)

The Chinese citizen, whose identity was not released, was charged with perjury after making a false statement to secure voter registration and for being an unauthorized voter attempting to vote.

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Under Michigan law, the charge of unlawful voting is a felony punishable by up to four years and a fine of up to $2,000.

Michigan's Democratic Attorney General Dana Nessel said in a statement that her office had launched an “independent, parallel investigation” into the situation.

A Chinese citizen has been charged for allegedly voting illegally in Michigan. (iStock)

McCarthy emphasized why he believes voting in person on Election Day is the best — and safest — option.

“I think the safest and frankly best way to vote is on Election Day because that means we're all voting with the same information,” he said. “When people vote six weeks before the election, we don’t even vote with the same information because a lot of important things happen leading up to the election.”

“But more importantly, for the purposes we're talking about, there was always a presumption in the law that said, for security reasons, we prefer you come to the county and vote on Election Day. This is how we can ensure the best,” he said. “What I think is terrible is that not only have we moved away from the idea that everyone should vote at the ballot box, but we are now taking it to the next step. If you're voting remotely and you make a mistake, then that's it, progressive Democrats think it's trivial, even though it's a process designed precisely to protect the integrity of elections, we should forgive that or it It should be the government’s fault that you made the mistake.”

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“And I think the position that people should take, because that has always been the position that has been in our law, is to come in on Election Day and vote. But if you don't want to vote on election day, but want to take advantage of these other options for voting, but you must comply with every point of the rules.

Fox News Digital has reached out to the University of Michigan, the Michigan Attorney General's Office and the Justice Department for comment.