Judge Andrew Napolitano says that “if you are an illegal alien in California, get a driver’s license, register to vote, you can vote in local, state, and federal elections in California and those votes count.”

On “Fox & Friends” Tuesday, host Steve Doocy explained, “The state of California has passed legislation that will automatically register eligible voters when they obtain or renew a driver’s license. Governor Jerry Brown says it’s a way to increase voter turnout, but critics warn the measure could add millions of illegal people to the rolls because the state allows undocumented aliens to get driver’s licenses.”

Napolitano explained that in California, when one signs up for a driver’s license, one does not have to prove that they are in America legally. Napolitano explained that “other states… permit registration [to vote] at the time you get a driver’s license, have you go through another procedure in which you have to demonstrate citizenship.”

The new law in California would make the process “one procedure” according to Napolitano. “You may not even know that when you get your driver’s license you’re also being registered to vote. And there’s no requirement of proof of citizenship.” Napolitano argued, “All 50 states limit voting to citizens except when the state allows you to sort-of sneak in without proving your citizenship by getting a driver’s license instead.”

Napolitano explained that the argument about whether or not voting is a “fundamental right” comes down to whether or not voting “comes from our humanity like thought and speech and association and worship and self-defense? Or is it a privilege given by the government?”

Napolitano believes “the Supreme Court has wrongly said it’s a fundamental right. And once it said that, states like California decided to allow people to vote who aren’t qualified by law to vote because of the fundamental aspect.”

Napolitano argued that while it would be against the law for an illegal immigrant to vote in a federal election, “there’s really no way to monitor it. So if you are an illegal alien in California, get a driver’s license, register to vote, you can vote in local, state, and federal elections in California and those votes count.”

Napolitano emphasized, “It’s almost impossible to monitor this if the state is going to provide shelter for illegals to vote.”

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[h/t Media Matters]