VIGO COUNTY – Attorney General Todd Rokita announced today that his office, in partnership with Vigo County Prosecutor Terry Modesitt, has filed felony charges against Francisco Aguilar Romero, an individual who is allegedly an illegal alien, for unlawfully registering to vote, committing perjury, and casting ballots in multiple Indiana elections.
The charges mark the first time Indiana has prosecuted an illegal alien for the crime of illegal voting.
“Voting by illegal aliens and other noncitizens is unacceptable, and anyone who commits that act must face consequences. Two years ago, I started a process to verify the citizenship status of registered voters in Indiana and was successful in obtaining that data from the federal government. Now, we are acting on that information, and it’s certainly not the end of our enforcement,” Attorney General Rokita said. “This critically important prosecution is just another step in the work I’ve been doing ever since I was Secretary of State, when I led the effort that made Indiana the first state in the nation to enact a photo voter ID law. It is part of our office’s and the Secretary of State’s office’s ongoing efforts to ensure our elections are safeguarded and sends a clear message that voting by noncitizens will not be tolerated.”
According to the allegations in the charging papers that the Attorney General’s team filed, Romero was born in Mexico, is in the United States illegally, and holds DACA status. State records show he voted in the 2018 General Election, the 2019 Municipal Election, the 2020 General Election, the 2022 General Election, the 2023 Municipal Election, and the 2024 General Election—all in Vigo County. He allegedly first registered to vote in February 2018 and later updated or re-verified his registration in August 2023.
At the times when Romero allegedly registered to vote, neither federal nor Indiana law required proof of citizenship for him to do so. Indeed, federal law has been interpreted to effectively prohibit states from requiring documentary proof of citizenship for individuals who register using federal forms. Romero was able to register simply by completing a form that stated he was a citizen.
“We appreciate the partnership with Attorney General Rokita in making sure that elections in Vigo County, and all of Indiana, are fair and safe,” Prosecutor Terry Modesitt said. “While it is unfortunate that we have a case arising out of our county, enforcement of the law is important so people can be confident in the voting process and outcomes of Vigo County elections.”
According to Attorney General Rokita, had the SAVE America Act been in place, all voters would be required to provide documentary proof of citizenship such as a birth certificate or passport. Noncitizens would not be able to do so and therefore would not be able to register to vote in federal elections.
Indiana recently passed its own proof of citizenship statute, which helped identify Romero as a possible illegal voter. That statute is subject to ongoing litigation, and the Attorney General has been successful in defending it to date.
“This case shows exactly why we need the SAVE America Act and why Congress should act immediately to pass this common-sense legislation,” Attorney General Rokita said. “If a simple checkbox is enough for an illegal alien to register and vote in election after election, then others could easily do so as well, and many have across the country. If it’s happening in a state like ours, which has strong photo ID laws, imagine how rampant it is in a state like California, where basically nothing is done to safeguard its elections.”
These charges are the result of a deliberate, multi-year effort by Attorney General Rokita and his team to identify and stop illegal voting.
That effort started in October 2024, when the Attorney General worked with the Secretary of State to request citizenship verification from federal authorities for more than 585,000 Indiana voters who had registered without a state-issued photo ID. After that request was denied, the Attorney General sued the federal government in April 2025. The lawsuit ended in a major settlement in December 2025 that delivered enhanced access to federal databases that can be used to verify citizenship, which in turn produced data showing that at least 21 noncitizens voted in Indiana elections and that nearly 150 more noncitizens are registered but have not yet cast a ballot.
To act on that information, Attorney General Rokita built the infrastructure the State needed to prosecute illegal voting cases, including establishing a process by which the Secretary of State refers possible cases to the Attorney General, expanding the investigative capacity of the Office of the Attorney General, and securing a partnership with the Vigo County Prosecutor’s Office to file charges. Because cases like this are of significant statewide importance, Attorney General Rokita said his office is best positioned to investigate and prosecute them effectively.
The Attorney General is thus pursuing cases like this vigorously, with more cases expected, and he remains fully committed to pursuing every viable case in coordination with prosecutors who share the goal of safeguarding election integrity.
The charges against Romero include felony violations for false or fraudulent voter registration, for perjury, and for voting by an ineligible person. If convicted of the charges, Romero faces a maximum prison sentence of up to 11.5 years.
A complaint, indictment, and information merely contain accusations. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
