NO VOTE for Noncitizens Act of 2022
Bill: H.R.7959 | Sponsor: Rep. Davis, Rodney (R-IL)
Policy area: Government Operations and Politics

Summary:
Noncitizens: Outlawed from Voting in Our Trusted Elections Act of 2022 or the NO VOTE for Noncitizens Act of 2022
This bill establishes additional requirements related to noncitizens and voting and addresses related issues.
Among other provisions, this bill (1) requires states to make reasonable efforts to remove noncitizens from the official eligible voter lists, (2) requires states to coordinate official registered voter lists with court records of individuals who have been recused from jury duty on the grounds that they are noncitizens, and (3) reduces election assistance to states and local jurisdictions that allow noncitizens to vote.

To amend the National Voter Registration Act of 1993 to clarify the 
  authority of States to remove noncitizens from voting rolls and to 
   require States to maintain separate voter registration lists for 
                  noncitizens, 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.

    This Act may be cited as the ``Noncitizens: Outlawed from Voting in 
Our Trusted Elections Act of 2022'' or the ``NO VOTE for Noncitizens 
Act of 2022''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) 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.
            (2) Congress has long required States to maintain Federal 
        voter registration lists in a manner that promotes voter 
        confidence.
            (3) The changes included herein are not intended to be an 
        expansion of Federal power but rather a clarification of State 
        authority.
            (4) 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 noncitizens in Federal elections.
            (5) Congress has the constitutional authority, including 
        under the aforementioned amendments, to pass statutes 
        preventing noncitizens from voting in Federal elections, and 
        did so with the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996.
            (6) Congress may further exercise its constitutional 
        authority to ensure the Constitution's prohibition on 
        noncitizen voting in Federal elections is upheld.
            (7) Since the Constitution prohibits noncitizens from 
        voting in Federal elections, such ineligible persons must not 
        be permitted to be placed on Federal voter registration lists.
            (8) Improper placement of an ineligible noncitizen on a 
        Federal voter registration list leads to--
                    (A) confusion on the part of the ineligible person 
                with respect to their ineligibility to cast a ballot; 
                and
                    (B) an increased likelihood that human error will 
                permit ineligible persons to cast ballots in Federal 
                elections.
            (9) State officials have confirmed that poorly maintained 
        voter registration lists lead to ineligible persons casting 
        ballots in Federal elections.
            (10) A former Broward County, Florida, elections supervisor 
        has confirmed that ineligible nonvoters 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.
            (11) This clarification of State authority to maintain 
        Federal voter registration lists to ensure noncitizens are not 
        included on such lists will promote voter confidence in 
        election processes and outcomes.
            (12) Congress has the authority to ensure that no Federal 
        elections funding is used to support States that permit 
        noncitizens to cast ballots in any election.
            (13) 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.
            (14) It is important to clarify the penalty for any 
        violation of law that allows a noncitizen to cast a ballot in a 
        Federal election.
            (15) To protect the confidence of voters in Federal 
        elections, it is important to implement the policy described 
        herein.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) allowing noncitizens to cast ballots in American 
        elections weakens our electoral system and the value of 
        citizenship and sows distrust in our elections system;
            (2) even if a State has the sovereign authority, no State 
        should permit noncitizens to cast ballots in State or local 
        elections;
            (3) States should use all information available to them to 
        maintain Federal voter registration lists and should inform 
        Congress if such data is insufficient; and
            (4) Congress may take further action in the future to 
        address this problem.

SEC. 3. PROMOTING EFFECTIVE MAINTENANCE OF VOTER REGISTRATION LISTS.

    (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.

    ``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.''.
            (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) Ensuring Provision of Information to State Election Officials 
on Individuals Recused From Jury Service on Grounds of 
Noncitizenship.--
            (1) Requiring state election officials to coordinate 
        information on recusal as part of maintenance of statewide 
        voter registration list.--Subparagraph (A) of section 303(a)(2) 
        of the Help America Vote Act of 2002 (52 U.S.C. 21083(a)(2)) is 
        amended--
                    (A) by redesignating clause (iii) as clause (iv); 
                and
                    (B) by inserting after clause (ii) the following 
                new clause:
                            ``(iii) For purposes of removing names of 
                        ineligible voters from the official list of 
                        eligible voters by reason of citizenship 
                        status, the State shall coordinate the 
                        computerized list with records of courts which 
                        have recused individuals from serving on a jury 
                        on the grounds that the individuals are not 
                        citizens of the United States.''.
            (2) Requiring notification by courts.--
                    (A) Requirement described.--If a United States 
                district court or a court of any State or local 
                jurisdiction 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--
                            (i) to the chief State election official of 
                        the State in which the individual resides; and
                            (ii) to the Attorney General.
                    (B) Definitions.--For purposes of this subsection--
                            (i) 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
                            (ii) 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.

SEC. 4. PROHIBITION ON VOTING BY NONCITIZENS IN FEDERAL ELECTIONS.

    (a) In General.--Section 12 of the National Voter Registration Act 
of 1993 (52 U.S.C. 20511) is amended--
            (1) by striking ``A person'' and inserting ``(a) In 
        General.--A person''; and
            (2) 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.''.
    (b) Effective Date.--This section and the amendments made by this 
section shall apply with respect to elections held on or after the date 
of the enactment of this Act.
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