[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4460 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4460
To amend the National Voter Registration Act of 1993 and the Help
America Vote Act of 2002 to ensure that only eligible American citizens
may participate in elections for Federal office, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 3, 2023
Mr. Griffith introduced the following bill; which was referred to the
Committee on House Administration, and in addition to the Committee on
the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the National Voter Registration Act of 1993 and the Help
America Vote Act of 2002 to ensure that only eligible American citizens
may participate in elections for Federal office, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS; SENSE OF CONGRESS.
(a) Short Title.--This Act may be cited as the ``Non-citizens:
Outlawed from Voting in Our Trusted Elections Act of 2023'' or the ``NO
VOTE for Non-Citizens Act of 2023''.
(b) Findings; Sense of Congress.--
(1) Findings.--Congress finds the following:
(A) Every eligible person who wishes to cast a
ballot in a Federal election must be permitted to do so
according to law, and their ballot must be examined
according to law, and, if it meets all lawful
requirements, counted.
(B) Congress has long required States to maintain
Federal voter registration lists in a manner that
promotes voter confidence.
(C) The changes included herein are not intended to
be an expansion of Federal power but rather a
clarification of State authority.
(D) The Fifteenth Amendment, the Nineteenth
Amendment, the Twenty-Fourth Amendment, and the Twenty-
Sixth Amendment, among other references, make clear
that the Constitution prohibits voting by non-citizens
in Federal elections.
(E) Congress has the constitutional authority,
including under the aforementioned amendments, to pass
statutes preventing non-citizens from voting in Federal
elections, and did so with the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996.
(F) Congress may further exercise its
constitutional authority to ensure the Constitution's
prohibition on non-citizen voting in Federal elections
is upheld.
(G) Since the Constitution prohibits non-citizens
from voting in Federal elections, such ineligible
persons must not be permitted to be placed on Federal
voter registration lists.
(H) Improper placement of an ineligible non-citizen
on a Federal voter registration list leads to--
(i) confusion on the part of the ineligible
person with respect to their ineligibility to
cast a ballot; and
(ii) an increased likelihood that human
error will permit ineligible persons to cast
ballots in Federal elections.
(I) State officials have confirmed that poorly
maintained voter registration lists lead to ineligible
persons casting ballots in Federal elections.
(J) A former Broward County, Florida, elections
supervisor has confirmed that ineligible non-voters
were able to cast ballots in previous elections and
that she was not able to locate as many as 2,040
ballots during the 2018 midterm recount.
(K) This clarification of State authority to
maintain Federal voter registration lists to ensure
non-citizens are not included on such lists will
promote voter confidence in election processes and
outcomes.
(L) Congress has the authority to ensure that no
Federal elections funding is used to support States
that permit non-citizens to cast ballots in any
election.
(M) Federal courts and executive agencies have much
of the information States may need to maintain their
Federal voter registration lists, and those entities
should make that information accessible to State
election authorities.
(N) It is important to clarify the penalty for any
violation of law that allows a non-citizen to cast a
ballot in a Federal election.
(O) To protect the confidence of voters in Federal
elections, it is important to implement the policy
described herein.
(2) Sense of congress.--It is the sense of Congress that--
(A) many States have not adequately met the
requirements concerning the removal of ineligible
persons from State voter registration rolls pursuant to
section 8 of the National Voter Registration Act of
1993 (52 U.S.C. 20507) and should strive to audit and
update their voter registration rolls on a routine
basis;
(B) allowing non-citizens to cast ballots in
American elections weakens our electoral system and the
value of citizenship and sows distrust in our elections
system;
(C) even if a State has the sovereign authority, no
State should permit non-citizens to cast ballots in
State or local elections;
(D) States should use all information available to
them to maintain Federal voter registration lists and
should inform Congress if such data is insufficient;
and
(E) Congress may take further action in the future
to address this problem.
SEC. 2. ENSURING ONLY ELIGIBLE AMERICAN CITIZENS MAY PARTICIPATE IN
FEDERAL ELECTIONS.
(a) Clarifying Authority of States To Remove Noncitizens From
Voting Rolls.--
(1) Authority under regular removal programs.--Section
8(a)(4) of the National Voter Registration Act of 1993 (52
U.S.C. 20507(a)(4)) is amended--
(A) by striking ``or'' at the end of subparagraph
(A);
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) the registrant's status as a noncitizen of
the United States; or''.
(2) Conforming amendment relating to ongoing removal.--
Section 8(c)(2)(B)(i) of such Act (52 U.S.C. 20507(c)(2)(B)(i))
is amended by striking ``(4)(A)'' and inserting ``(4)(A) or
(B)''.
(b) Requirement To Maintain Separate State Voter Registration List
for Noncitizens.--Section 8(a) of the National Voter Registration Act
of 1993 (52 U.S.C. 20507(a)) is amended--
(1) in paragraph (5)(B), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(7) in the case of a State that allows individuals who
are not citizens of the United States to vote in elections for
public office in the State or any local jurisdiction of the
State, ensure that the name of any registrant who is not a
citizen of the United States is maintained on a voter
registration list that is separate from the official list of
eligible voters with respect to registrants who are citizens of
the United States.''.
(c) Requirements for Ballots for State or Local Jurisdictions That
Allow Noncitizen Voting.--Section 301(a)(1) of the Help America Vote
Act of 2002 (52 U.S.C. 21081(a)(1)) is amended by adding at the end the
following new subparagraph:
``(D) In the case of a State or local jurisdiction
that allows individuals who are not citizens of the
United States to vote in elections for public office in
the State or local jurisdiction, the ballot used for
the casting of votes by a noncitizen in such State or
local jurisdiction may only include the candidates for
the elections for public office in the State or local
jurisdiction for which the noncitizen is permitted to
vote.''.
(d) Reduction in Payments for Election Administration to States or
Local Jurisdictions That Allow Noncitizen Voting.--
(1) In general.--Title IX of the Help America Vote Act of
2002 (52 U.S.C. 21141 et seq.) is amended by adding at the end
the following new section:
``SEC. 907. REDUCTION IN PAYMENTS TO STATES OR LOCAL JURISDICTIONS THAT
ALLOW NONCITIZEN VOTING.
``(a) In General.--Notwithstanding any other provision of this Act,
the amount of a payment under this Act to any State or local
jurisdiction that allows individuals who are not citizens of the United
States to vote in elections for public office in the State or local
jurisdiction shall be reduced by 30 percent.
``(b) Prohibition on Use of Funds for Certain Election
Administration Activities.--Notwithstanding any other provision of law,
no Federal funds may be used to implement the requirements of section
8(a)(7) of the National Voter Registration Act of 1993 (52 U.S.C.
20507(a)(7)) (as added by section 2(b) of the NO VOTE for Non-Citizens
Act of 2023) or section 301(a)(1)(D) of the Help America Vote Act of
2002 (52 U.S.C. 21081(a)(1)(D)) (as added by 2(c) of the NO VOTE for
Non-Citizens Act of 2023) in a State or local jurisdiction that allows
individuals who are not citizens of the United States to vote in
elections for public office in the State or local jurisdiction.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by adding at the end the following new item:
``Sec. 907. Reduction in payments to States or local jurisdictions that
allow noncitizen voting.''.
(e) Promoting Provision of Information by Federal Entities.--
(1) In general.--Each entity of the Federal Government
which maintains information which is relevant to the status of
an individual as a registered voter in elections for Federal
office in a State shall, upon the request of an election
official of the State, provide that information to the election
official.
(2) Policies and procedures.--Consistent with section
3506(g) of title 44, United States Code, an entity of the
Federal Government shall carry out this subsection in
accordance with policies and procedures which will ensure that
the information is provided securely, accurately, and in a
timely basis.
(3) Conforming amendment relating to coverage under privacy
act.--Section 552a(b) of title 5, United States Code, is
amended--
(A) by striking ``or'' at the end of paragraph
(11);
(B) by striking the period at the end of paragraph
(12) and inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(13) to an election official of a State in accordance
with section 2(e) of the NO VOTE for Non-Citizens Act of
2023.''.
(f) Ensuring Provision of Information to State Election Officials
on Individuals Recused From Jury Service on Grounds of
Noncitizenship.--
(1) Requirement described.--If a United States district
court recuses an individual from serving on a jury on the
grounds that the individual is not a citizen of the United
States, the court shall transmit a notice of the individual's
recusal--
(A) to the chief State election official of the
State in which the individual resides; and
(B) to the Attorney General.
(2) Definitions.--For purposes of this subsection--
(A) the ``chief State election official'' of a
State is the individual designated by the State under
section 10 of the National Voter Registration Act of
1993 (52 U.S.C. 20509) to be responsible for
coordination of the State's responsibilities under such
Act; and
(B) the term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, Guam, the United States
Virgin Islands, and the Commonwealth of the Northern
Mariana Islands.
(g) Prohibition on Voting by Noncitizens in Federal Elections.--
(1) In general.--Section 12 of the National Voter
Registration Act of 1993 (52 U.S.C. 20511) is amended--
(A) by striking ``A person'' and inserting ``(a) In
General.--A person''; and
(B) by adding at the end the following new
subsection:
``(b) Prohibition on Voting by Aliens.--
``(1) In general.--It shall be unlawful for any alien to
vote in any election in violation of section 611 of title 18,
United States Code.
``(2) Penalties.--Any person who violates this subsection
shall be fined under title 18, United States Code, imprisoned
not more than one year, or both.''.
(2) Effective date.--This subsection and the amendments
made by this subsection shall apply with respect to elections
held on or after the date of the enactment of this Act.
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