Sec. 121. Ensuring only eligible American citizens may participate in Federal elections
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This section 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 . Congress finds the following: Every eligible American citizen 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. Congress has long required States to maintain Federal voter registration lists in a manner that promotes voter confidence.
The changes included herein are not intended to be an expansion of Federal power but rather a clarification of State authority. 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. 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.
Congress may further exercise its constitutional authority to ensure the Constitution’s prohibition on non-citizen voting in Federal elections is upheld. 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. Improper placement of an ineligible non-citizen on a Federal voter registration list leads to— confusion on the part of the ineligible person with respect to their ineligibility to cast a ballot; and an increased likelihood that human error will permit ineligible persons to cast ballots in Federal elections.
State officials have confirmed that poorly maintained voter registration lists lead to ineligible persons casting ballots in Federal elections. 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. 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.
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. 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. 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.
To protect the confidence of voters in Federal elections, it is important to implement the policy described herein. It is the sense of Congress that— 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; allowing non-citizens to cast ballots in American elections weakens our electoral system, directly and indirectly impacts Federal policy and funding decisions and candidate choice through the election of State and local officials, dilutes the value of citizenship, and sows distrust in our elections system; even if a State has the sovereign authority, no State should permit non-citizens to cast ballots in State or local elections;
States should use all information available to them to maintain Federal voter registration lists and should inform Congress if such data is insufficient; and Congress may take further action in the future to address this problem. 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 121(d) of the American Confidence in Elections Act) 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 section 121(e) of the American Confidence in Elections Act) 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. The head of an entity described in subparagraph
(A)may not charge a fee for responding to an election official’s request under such subparagraph. 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 121(h) of the American Confidence in Elections Act. . 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 has the meaning given such term in section 901 of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 ), as amended by section 138. 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 1 year, or both. . This subsection and the amendments made by this subsection shall apply with respect to elections held after the date of the enactment of this Act.
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Sec. 121
Ensuring only eligible American citizens may participate in Federal elections
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