Overview
Title
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.
ELI5 AI
The "NO VOTE for Non-Citizens Act of 2023" is a rule that says only people who are American citizens can vote in big government elections, like choosing the President. It also wants to make sure that if someone who isn't a citizen tries to vote, there will be rules to stop that and keep it fair.
Summary AI
H.R. 4460, also known as the “NO VOTE for Non-Citizens Act of 2023,” aims to amend existing voter registration laws to ensure only eligible American citizens can participate in federal elections. It clarifies state authority to remove non-citizens from voter rolls and mandates separate voter registration lists for non-citizens in states that allow non-citizen voting in local elections. The bill also introduces penalties for states that allow non-citizens to vote and encourages federal entities to share relevant information with state election officials. Lastly, it prohibits non-citizens from voting in federal elections, imposing fines or imprisonment for violations.
Published
Keywords AI
Sources
Bill Statistics
Size
Language
Complexity
AnalysisAI
General Summary of the Bill
The bill, formally known as the "Non-Citizens: Outlawed from Voting in Our Trusted Elections Act of 2023" or the "NO VOTE for Non-Citizens Act of 2023," seeks to amend the National Voter Registration Act of 1993 and the Help America Vote Act of 2002. The primary goal of the bill is to ensure that only eligible American citizens can participate in federal elections. The bill emphasizes the constitutionality of prohibiting non-citizen voting and outlines measures to prevent non-citizens from being included on voter registration lists. Additionally, it proposes financial disincentives for states or local jurisdictions that allow non-citizens to vote, even in non-federal elections.
Summary of Significant Issues
Administrative and Financial Challenges
One significant concern is the potential administrative burden on states created by the requirement to maintain separate voter registration lists for non-citizens. This could lead to confusion and negatively impact the efficiency and accuracy of voter registration processes. Furthermore, the bill proposes a 30% reduction in federal payments to states or local jurisdictions that permit non-citizens to vote. Such financial penalties could be perceived as federal overreach into state voting regulations, possibly provoking legal challenges and debates over states' rights versus federal authority.
Legal Ambiguities
The bill also introduces penalties for non-citizens who vote in federal elections, raising ethical and legal concerns about criminalizing such actions. The lack of clarity in the bill regarding Congress's suggestion that states should not permit non-citizens to vote in state or local elections invites varied interpretations and could complicate implementation. Additionally, the bill references previous legislation, like the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, without specifying pertinent provisions, potentially leading to confusion.
Impact on the Public
The bill, if enacted, could broadly impact public confidence in the electoral process by emphasizing the integrity of voter rolls and federal elections. However, it may also lead to increased administrative challenges for election officials and potential disenfranchisement through errors in maintaining separate registration lists.
Impact on Specific Stakeholders
State Governments
State governments may face substantial administrative changes and financial constraints as they work to implement the bill's requirements. Moreover, states that allow non-citizen voting at the local level might experience a reduced ability to fund election management due to federal funding cuts.
Non-Citizen Communities
For non-citizen communities, this bill could lead to heightened scrutiny and anxiety surrounding voting eligibility, particularly if they fear wrongful inclusion on or exclusion from registration lists. The imposition of criminal penalties further underscores these concerns, contributing to a climate of caution or fear.
Election Officials
Election officials might find themselves tasked with the complex job of accurately maintaining voter rolls, a process fraught with potential errors and increased scrutiny. They would need to navigate new administrative hurdles and possibly face resource limitations due to reduced federal funding in jurisdictions allowing non-citizen voting.
In summary, while the bill aims to solidify the integrity of federal elections by limiting participation to eligible American citizens, it poses substantial challenges in implementation and raises significant concerns regarding federal influence over state and local election practices. The overall impact will depend greatly on how these challenges and concerns are addressed and resolved.
Issues
The bill's amendment to require separate state voter registration lists for noncitizens may create confusion and administrative burdens for states, as noted in Section 2(b). This could potentially impact the efficiency and accuracy of voter registration processes.
The reduction of federal payments by 30% to states or local jurisdictions that allow noncitizen voting, as outlined in Section 907, can be perceived as federal overreach into state voting regulations. This financial penalty might provoke significant opposition and legal challenges, particularly concerning states' rights versus federal authority.
The prohibition on using federal funds to implement certain election requirements in states permitting noncitizen voting, also in Section 907, might complicate the financial landscape for election management and exacerbate funding gaps. This could have wide-reaching effects on election administration and equity across jurisdictions.
Section 2(g) imposes criminal penalties for noncitizens voting in federal elections, which raises ethical and legal concerns about the criminalization of voting actions and the potential impact on immigrant communities. The provision may conflict with ethical standards regarding equity and justice within the voting process.
There is a lack of clarity and constitutional basis in Section 1(b)(2) regarding Congress's suggested prohibition on noncitizens voting in state or local elections. This ambiguity can lead to varied interpretations and challenges in implementation, especially considering federal and state jurisdictional boundaries.
The bill references the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and other acts without specifying relevant provisions, as mentioned in Section 1(b)(1)(E) and Section 907. This lack of specificity may lead to confusion in understanding and assessing the legislative impact.
The logistics and implications of implementing the amendments federally and across diverse state jurisdictions are unclear, as seen in Section 2. This might lead to inconsistent interpretations and applications across various jurisdictions, affecting the uniformity of election laws and practices.
Potential redundancy or conflict with existing federal or state laws addressing noncitizen voting, mentioned in Section 2, may necessitate careful review. Ensuring alignment and preventing legal challenges are crucial to maintaining the coherence and enforceability of voting legislation.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title; findings; sense of Congress Read Opens in new tab
Summary AI
The "NO VOTE for Non-Citizens Act of 2023" emphasizes that non-citizens are not allowed to vote in federal elections in the U.S., as prohibited by the Constitution. It outlines Congress's authority to prevent non-citizens from being added to voter registration lists, points out past issues with improper voter registration, and stresses that states should routinely update their voter rolls to ensure only eligible citizens can vote, reinforcing confidence in election integrity.
2. Ensuring only eligible American citizens may participate in Federal elections Read Opens in new tab
Summary AI
The section outlines measures to ensure that only eligible American citizens can vote in federal elections. It allows states to remove noncitizens from voting rolls, requires separate voter registration lists for noncitizens if they are allowed to vote in state or local elections, mandates ballot restrictions, and imposes a financial reduction to states or localities that permit noncitizen voting. Additionally, it promotes information sharing between federal entities and state election officials and prohibits noncitizens from voting in federal elections, with associated penalties.
907. Reduction in payments to States or local jurisdictions that allow noncitizen voting Read Opens in new tab
Summary AI
Under Section 907, any state or local government allowing non-U.S. citizens to vote in elections will face a 30% reduction in federal payments. Additionally, federal funds cannot be used to implement certain voting requirements in these jurisdictions.