According to data compiled by the Cooperative Congressional Election Study, more than 14% of non-citizens were registered to vote in the 2008 and 2010 U.S. elections.

Of that 14%, 6.4% and 2.2% of non-citizens voted in the 2008 and 2010 elections, respectively, playing a critical role in determining winners in some high-stakes races, such as the narrow 2008 victory of Sen. Al Franken (D-MN).

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Judge Andrew Napolitano explained on "The Real Story" this afternoon that it is against the law in all 50 states and the District of Columbia and also against federal law for non-citizens to vote.

He said furthermore it is against the law for election officials to knowingly permit non-citizens to vote by "turning the other way."

Unfortunately, only 7 states actually require a photo ID proving citizenship in order to vote: Texas, Kansas, Indiana, Tennessee, Virginia, Georgia and Mississippi.

"The Supreme Court has held as a matter of law twice now that for a state to require a photo ID is not discriminatory and not unconstitutional," Judge Nap said, adding that non-citizen votes could very well swing multiple races in the 2014 midterm elections next week.

"And yet, 43 states don't do it and have very little checks on [citizenship] ... This could be very dangerous and it could affect the outcome. And then, there could be litigation after the outcome."

Watch the clip from "The Real Story" above.

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