[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6492 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6492

   To amend the Help America Vote Act of 2002 to require that States 
 certify that aliens are prohibited from voting in elections for State 
 or local office as a condition of receiving funds under such Act, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 2, 2010

Mr. Poe of Texas (for himself, Mr. McKeon, Mr. Pitts, Mr. Gohmert, Mr. 
Sam Johnson of Texas, Mr. Gingrey of Georgia, Mr. Shadegg, Mr. King of 
    Iowa, Mr. Kingston, Ms. Foxx, and Mr. Culberson) introduced the 
     following bill; which was referred to the Committee on House 
                             Administration

_______________________________________________________________________

                                 A BILL


 
   To amend the Help America Vote Act of 2002 to require that States 
 certify that aliens are prohibited from voting in elections for State 
 or local office as a condition of receiving funds under such Act, 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.

    This Act may be cited as the ``Voter Integrity Act''.

SEC. 2. PROHIBITION ON VOTING BY ALIENS AS CONDITION OF RECEIVING 
              CERTAIN FUNDS UNDER HELP AMERICA VOTE ACT OF 2002.

    (a) In General.--Title IX of the Help America Vote Act of 2002 (42 
U.S.C. 15541 et seq.) is amended by adding at the end the following new 
section:

``SEC. 907. PROHIBITION ON VOTING BY ALIENS AS CONDITION OF RECEIVING 
              CERTAIN FUNDS.

    ``(a) In General.--A grant or other payment under this Act may not 
be made to a State after the date of the enactment of this section 
unless such State certifies that--
            ``(1) with respect to an election for State or local office 
        administered by such State or a unit of local government in 
        such State after the date of the receipt of such grant or other 
        payment, at the time of such certification and at the time of 
        such election, the laws of such State prohibit an alien from 
        voting in such election; and
            ``(2) such State will make a good-faith effort to enforce 
        the prohibition described in paragraph (1).
    ``(b) False Certification.--If a Federal agency making a grant or 
other payment to a State under this Act determines that such State has 
made a false certification under subsection (a)--
            ``(1) such State shall repay to the United States an amount 
        equal to the portion of all grants or other payments under this 
        Act made by such agency and received by such State during the 
        period beginning on the day after the date of the enactment of 
        this section and ending on the date of the determination; and
            ``(2) an additional grant or other payment under this Act 
        may not be made to such State until--
                    ``(A) the repayment required by paragraph (1) has 
                been completed; and
                    ``(B) such State demonstrates to the satisfaction 
                of the Federal agency making such grant or other 
                payment that the certifications required by subsection 
                (a) are true.
    ``(c) Exceptions.--
            ``(1) Voting by certain alien members of the armed 
        forces.--Nothing in this section shall be construed to prohibit 
        a State from allowing to vote in an election for State or local 
        office a person who may be naturalized under section 329 of the 
        Immigration and Nationality Act (8 U.S.C. 1440) by reason of 
        active-duty service as a member of the Selected Reserve of the 
        Ready Reserve or in an active-duty status in the military, air, 
        or naval forces of the United States during the period 
        designated by the President in Executive Order 13269.
            ``(2) Certain funds for assisting absent uniformed services 
        voters and overseas voters.--This section shall not apply with 
        respect to requirements payments described in section 
        251(b)(3).
    ``(d) Alien Defined.--In this section, the term `alien' has the 
meaning given such term in section 101(a)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(3)).''.
    (b) Conforming Amendment.--The table of contents in section 1(b) of 
such Act (42 U.S.C. 15301 note) is amended by inserting after the item 
relating to section 906 the following new item:

``Sec. 907. Prohibition on voting by aliens as condition of receiving 
                            certain funds.''.
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