I 111th CONGRESS 2d Session H. R. 6492 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.

1.

Short title

This Act may be cited as the Voter Integrity Act.

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:

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. .