I 
118TH CONGRESS 
1ST SESSION H. R. 4460 
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 Com-
mittee 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 jurisdic-
tion of the committee concerned 
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 Representa-
tives 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-Citi-
zens Act of 2023’’. 
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(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 per-
mitted to do so according to law, and their bal-
lot 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 Nine-
teenth Amendment, the Twenty-Fourth Amend-
ment, 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 au-
thority, 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. 
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(F) Congress may further exercise its con-
stitutional authority to ensure the Constitu-
tion’s prohibition on non-citizen voting in Fed-
eral 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 ineli-
gible person with respect to their ineligi-
bility 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 ineli-
gible non-voters were able to cast ballots in pre-
vious elections and that she was not able to lo-
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cate as many as 2,040 ballots during the 2018 
midterm recount. 
(K) This clarification of State authority to 
maintain Federal voter registration lists to en-
sure non-citizens are not included on such lists 
will promote voter confidence in election proc-
esses 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 infor-
mation 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— 
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(A) many States have not adequately met 
the requirements concerning the removal of in-
eligible 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 sys-
tem and the value of citizenship and sows dis-
trust in our elections system; 
(C) even if a State has the sovereign au-
thority, 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 reg-
istration 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.— 
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(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 subpara-
graph (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 
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(3) by adding at the end the following new 
paragraph: 
‘‘(7) in the case of a State that allows individ-
uals 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 VOT-
ING.—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 juris-
diction that allows individuals who are not citi-
zens of the United States to vote in elections 
for public office in the State or local jurisdic-
tion, the ballot used for the casting of votes by 
a noncitizen in such State or local jurisdiction 
may only include the candidates for the elec-
tions for public office in the State or local juris-
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diction for which the noncitizen is permitted to 
vote.’’. 
(d) REDUCTION IN PAYMENTS FOR ELECTION AD-
MINISTRATION
TO STATES
OR LOCAL JURISDICTIONS 
THAT ALLOW NONCITIZEN VOTING.— 
(1) IN GENERAL.—Title IX of the Help Amer-
ica Vote Act of 2002 (52 U.S.C. 21141 et seq.) is 
amended by adding at the end the following new sec-
tion: 
‘‘SEC. 907. REDUCTION IN PAYMENTS TO STATES OR LOCAL 
JURISDICTIONS THAT ALLOW NONCITIZEN 
VOTING. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of this Act, the amount of a payment under this 
Act to any State or local jurisdiction that allows individ-
uals 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.—Notwith-
standing 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 
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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 con-
tents 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 pro-
cedures which will ensure that the information is 
provided securely, accurately, and in a timely basis. 
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(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 para-
graph (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 ac-
cordance 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 NONCITIZEN-
SHIP.— 
(1) REQUIREMENT
DESCRIBED.—If a United 
States district court recuses an individual from serv-
ing 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. 
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(2) DEFINITIONS.—For purposes of this sub-
section— 
(A) the ‘‘chief State election official’’ of a 
State is the individual designated by the State 
under section 10 of the National Voter Reg-
istration Act of 1993 (52 U.S.C. 20509) to be 
responsible for coordination of the State’s re-
sponsibilities 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 Is-
lands, 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.— 
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‘‘(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. 
Æ 
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