[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4460 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 383
118th CONGRESS
  2d Session
                                H. R. 4460

                      [Report No. 118-462, Part I]

   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

                             April 15, 2024

Additional sponsors: Mr. Loudermilk, Mrs. Bice, Mr. Murphy, and Mr. Van 
                                  Drew

                             April 15, 2024

          Reported from the Committee on House Administration

                             April 15, 2024

 Committee on the Judiciary discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed


_______________________________________________________________________

                                 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.
                                                 Union Calendar No. 383

118th CONGRESS

  2d Session

                               H. R. 4460

                      [Report No. 118-462, Part I]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             April 15, 2024

          Reported from the Committee on House Administration

                             April 15, 2024

 Committee on the Judiciary discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed