United States of America v. Eduardo Gallardo Maldonado

Philadelphia, Pennsylvania, criminal defense lawyer represented the defendant charged with voting as an alien, in violation of 18 U.S.C. 611, which provides:

(a) It shall be unlawful for any alien to vote in any election held solely or in part for the purpose of electing a candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, unless—
(1) the election is held partly for some other purpose;
(2) aliens are authorized to vote for such other purpose under a State constitution or statute or a local ordinance; and
(3) voting for such other purpose is conducted independently of voting for a candidate for such Federal offices, in such a manner that an alien has the opportunity to vote for such other purpose, but not an opportunity to vote for a candidate for any one or more of such Federal offices.
(b) Any person who violates this section shall be fined under this title, imprisoned not more than one year, or both.
(c) Subsection (a) does not apply to an alien if—
(1) each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization);
(2) the alien permanently resided in the United States prior to attaining the age of 16; and
(3) the alien reasonably believed at the time of voting in violation of such subsection that he or she was a citizen of the United States.

Eduardo Gallardo Maldonado, 66, a Mexican citizen and lawful permanent resident of the United States who has been residing in Philadelphia, Pennsylvania, y voted in Philadelphia County in the November 2024 general election, even though he was not a United States citizen.

The Defendant elected to plead guilty and faces a maximum of one year in prison and a fine of $100,000.