56158/91
Decided by the Board March 31, 1944.
Expatriation — Foreign Voting — Section 401 (e) of the Nationality Act of 1940.
A native born citizen of the United States, who voluntarily participated in a contested foreign political election by voting on October 21, 1941, when he was over 18 years of age, expatriated himself under the provisions of Section 401 (e) of the Nationality Act of 1940, irrespective of whether he had a legal right to vote in such election.
EXCLUDED BY BOARD OF SPECIAL INQUIRY:
Act of 1924 — Immigrant without immigration visa. Executive Order No. 8766 — No passport.
BEFORE THE BOARD
Discussion: The appellant, a native of the United States, 28 years of age, married, applied for permanent admission to the United States at Victoria, B.C., Canada, on February 2, 1944. He claims United States citizenship. A Board of Special Inquiry, concluding that the appellant has expatriated himself under section 401 (e) of the Nationality Act of 1940 by voting in a foreign election on October 21, 1941, has excluded him on the grounds above specified, and he has appealed.
The appellant was born in Minneapolis on December 12, 1915. Since December 1924 or 1925 he has lived in Canada. On October 21, 1941, he voted in a Provincial election in the Province of British Columbia, Dominion of Canada. It was subsequently developed that the appellant did not have the right to vote, but that he did so under the false claim that he was a British subject.
The Provincial Election Act of British Columbia (R.S. 1936, ch. 84, sec. 4) provides: Every person who is not disqualified by this act or by any other law in force in the Province, and who: (a) Is of the full age of twenty-one years; and (b) Is entitled within the Province to the privileges of a natural-born British subject; and (c) Has resided in the Province for six months, and in the electoral district in which he seeks registration as a voter for one month of that period immediately preceding the date of his making application under this act to be registered as a voter, shall be entitled to be registered as a voter, and being duly registered as a voter under this act shall be entitled to vote at any election.
The issue presented for decision is whether the appellant has been expatriated under section 401 (e) of the Nationality Act of 1940 (effective January 13, 1941) providing that:
A person who is a national of the United States, whether by birth or naturalization, shall lose his nationality by * * * voting in a political election in a foreign state * * *.
The Joint Departmental Committee Report on the Revision and Codification of the Nationality Laws (House Committee on Immigration and Naturalization, 1939), part 1, page 67, has this to say of section 401 (e):
The meaning of this subsection also seems clear. It is applicable to any case of an American who votes in a political election in a foreign state, whether or not he is a national thereof. Taking an active part in the political affairs of a foreign state by voting in a political election therein is believed to involve a political attachment and practical allegiance thereto which is inconsistent with continued allegiance to the United States, whether or not the person in question has or acquires the nationality of the foreign state. In any event it is not believed that an American national should be permitted to participate in the political affairs of a foreign state and at the same time retain his American nationality. The two facts would seem to be inconsistent with each other.
We think it is unmistakable that the operative fact under section 401 (e) is the casting of a vote, and that whether or not a legal right to vote exists under the laws of the foreign state is immaterial. Accordingly, we must conclude that the grounds of exclusion are sustained.
Findings of Fact: Upon the basis of all the evidence presented, it is found:
(1) That the appellant was born in the United States on December 12, 1915;
(2) That the appellant claims the right of entry without documents as a citizen of the United States;
(3) That on October 21, 1941, the appellant voted in a Provincial election in the Province of British Columbia, Dominion of Canada.Conclusions of Law: Upon the basis of the foregoing findings of fact, it is concluded:
(1) That under section 401 (e) of the Nationality Act of 1940, the appellant has lost his United States nationality;
(2) That under section 13 of the Immigration Act of 1924, the appellant is inadmissible on the ground that he is an immigrant not in possession of a valid immigration visa;
(3) That under Executive Order 8766 the appellant is inadmissible on the ground that he did not present a valid passport or other official document in the nature of a passport showing his origin and identity as required by said Executive order.Order: It is ordered that the excluding decision be affirmed without prejudice to a reapplication for admission within 1 year.