I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Voter Integrity Act’’. 


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1 SEC. 2. PROHIBITION ON VOTING BY ALIENS AS CONDITION 

2 OF RECEIVING CERTAIN FUNDS UNDER HELP 

3 AMERICA VOTE ACT OF 2002. 

4 (a) IN GENERAL.—Title IX of the Help America Vote 

5 Act of 2002 (42 U.S.C. 15541 et seq.) is amended by add6 ing at the end the following new section: 

7 ‘‘SEC. 907. PROHIBITION ON VOTING BY ALIENS AS CONDI8 TION OF RECEIVING CERTAIN FUNDS. 

9 ‘‘(a) IN GENERAL.—A grant or other payment under 

10 this Act may not be made to a State after the date of 

11 the enactment of this section unless such State certifies 

12 that— 

13 ‘‘(1) with respect to an election for State or 

14 local office administered by such State or a unit of 

15 local government in such State after the date of the 

16 receipt of such grant or other payment, at the time 

17 of such certification and at the time of such election, 

18 the laws of such State prohibit an alien from voting 

19 in such election; and 

20 ‘‘(2) such State will make a good-faith effort to 

21 enforce the prohibition described in paragraph (1). 

22 ‘‘(b) FALSE CERTIFICATION.—If a Federal agency 

23 making a grant or other payment to a State under this 

24 Act determines that such State has made a false certifi25 cation under subsection (a)— 


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1 ‘‘(1) such State shall repay to the United 

2 States an amount equal to the portion of all grants 

3 or other payments under this Act made by such 

4 agency and received by such State during the period 

5 beginning on the day after the date of the enactment 

6 of this section and ending on the date of the deter7 mination; and 

8 ‘‘(2) an additional grant or other payment 

9 under this Act may not be made to such State 

10 until— 

11 ‘‘(A) the repayment required by paragraph 

12 (1) has been completed; and 

13 ‘‘(B) such State demonstrates to the satis14 faction of the Federal agency making such 

15 grant or other payment that the certifications 

16 required by subsection (a) are true. 

17 ‘‘(c) EXCEPTIONS.— 

18 ‘‘(1) VOTING BY CERTAIN ALIEN MEMBERS OF

19 THE ARMED FORCES.—Nothing in this section shall 

20 be construed to prohibit a State from allowing to 

21 vote in an election for State or local office a person 

22 who may be naturalized under section 329 of the 

23 Immigration and Nationality Act (8 U.S.C. 1440) by 

24 reason of active-duty service as a member of the Se25 lected Reserve of the Ready Reserve or in an activeVerDate Mar 15 2010 18:51 Dec 03, 2010 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6492.IH H6492

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1 duty status in the military, air, or naval forces of 

2 the United States during the period designated by 

3 the President in Executive Order 13269. 

4 ‘‘(2) CERTAIN FUNDS FOR ASSISTING ABSENT

5 UNIFORMED SERVICES VOTERS AND OVERSEAS VOT6 ERS.—This section shall not apply with respect to 

7 requirements payments described in section 

8 251(b)(3). 

9 ‘‘(d) ALIEN DEFINED.—In this section, the term 

10 ‘alien’ has the meaning given such term in section 

11 101(a)(3) of the Immigration and Nationality Act (8 

12 U.S.C. 1101(a)(3)).’’. 

13 (b) CONFORMING AMENDMENT.—The table of con14 tents in section 1(b) of such Act (42 U.S.C. 15301 note) 

15 is amended by inserting after the item relating to section 

16 906 the following new item: 

‘‘Sec. 907. Prohibition on voting by aliens as condition of receiving certain 

funds.’’. 

Æ 


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