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Code · BILL · 118th Congress · H.R. 4460 (Introduced in House) — To amend the National Voter Registration Act of 1993 and the Help America Vote Act of 2002 to ensure that only eligib... · Sec. 2

Sec. 2. Ensuring only eligible American citizens may participate in Federal elections

935 words·~4 min read·/bill/118/hr/4460/ih/section-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 8(a)(4) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a)(4) ) is amended— by striking or at the end of subparagraph (A); by redesignating subparagraph
(B)as subparagraph (C); and by inserting after subparagraph
(A)the following new subparagraph: the registrant’s status as a noncitizen of the United States; or . 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). Section 8(a) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a) ) is amended— in paragraph (5)(B), by striking and at the end; in paragraph (6), by striking the period at the end and inserting ; and ; and by adding at the end the following new paragraph: 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. . 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: 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. . 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: 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. 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. . 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. . 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. 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. Section 552a(b) of title 5, United States Code, is amended— by striking or at the end of paragraph (11); by striking the period at the end of paragraph
(12)and inserting ; or ; and by adding at the end the following new paragraph: to an election official of a State in accordance with section 2(e) of the NO VOTE for Non-Citizens Act of 2023. . 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— to the chief State election official of the State in which the individual resides; and to the Attorney General. For purposes of this subsection— 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 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. Section 12 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20511 ) is amended— by striking A person and inserting
(a); and In general.— A person by adding at the end the following new subsection: It shall be unlawful for any alien to vote in any election in violation of section 611 of title 18, United States Code. Any person who violates this subsection shall be fined under title 18, United States Code, imprisoned not more than one year, or both. . 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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