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Requires states to let unaffiliated (non‑party) voters participate in primary elections while protecting those voters’ privacy, and conditions certain federal election funds on states certifying that noncitizens may not vote in taxpayer-funded public elections. The bill also offers short-term grants to help states implement the unaffiliated-voter changes and ties federal election-administration funding to state certifications that noncitizens are barred from voting in federal, state, and local contests, referenda, and initiatives. States may limit an unaffiliated voter to voting in only one party’s primary for a given office. States that fail to certify they prohibit noncitizen voting in public elections risk losing or being blocked from receiving certain federal election-administration funds until they comply.
Sense of Congress that a citizen’s right to vote in any taxpayer-funded public election must not be denied or limited because of political party affiliation or lack of affiliation.
Each State must allow an unaffiliated voter who is registered to vote in a Federal election held in the State to vote in any primary election for that Federal office held in the State.
A State shall not permit an unaffiliated voter to vote in primary elections for the same office of more than one political party (i.e., the voter may vote in only one party’s primary for that office).
A State may not share information about an unaffiliated voter who votes in a primary for Federal office (including the voter’s name and contact information) with a political party or any person likely to use the information for political or political-commercial purposes such as fundraising.
For a State’s official voter registration list, the State shall not treat an unaffiliated individual who voted in a primary as a member of or affiliated with the political party that held that primary solely because the individual voted in the primary.
Who is affected and how:
Voters (especially unaffiliated/independent voters): The bill expands access to participate in primaries for people who are not registered with a party, allowing them to vote in at least one party primary per office if the state so structures access. It also adds privacy protections so their participation in a primary cannot be used to mark them as party members in official lists or be shared as party membership information.
Election officials and state election administrators: Must update registration and pollbook procedures, train poll workers, alter data-sharing and voter-roll practices to avoid labeling unaffiliated voters as party members, and implement or manage the short-term grant-funded changes. They must also prepare and submit certifications to the Election Assistance Commission attesting that noncitizen voting is not permitted in state/local ballots to maintain eligibility for certain federal funds.
States and local governments: States that permit noncitizen voting in any municipal or local elections, ballot initiatives, or referenda will face a choice: revoke or change those local policies, or risk losing eligibility for certain federal election-administration funds. Even states without such provisions will be required to certify compliance, which creates administrative burdens.
Noncitizen residents: The bill affirms a federal policy that noncitizens must not vote in taxpayer-funded public elections and explicitly prevents states from allowing noncitizen voting in federal elections. Local jurisdictions that had expanded access for noncitizens would need to roll back those rules.
Political parties: Parties may see changes in primary electorates where unaffiliated voters are newly permitted; parties or state laws may limit each unaffiliated voter to choosing one party’s primary for a given office, which affects party primary dynamics.
Federal agencies and grant administrators: The Election Assistance Commission and other offices administering federal election funds will need to implement certification checks and manage conditional funding tied to state compliance.
Practical and legal considerations:
Overall effect: The legislation is short and focused but would cause significant administrative changes for election officials and pressure some local governments to change policies on noncitizen voting. It balances new access for unaffiliated voters with stricter national policy and funding conditions on noncitizen voting.
Last progress January 3, 2025 (1 year ago)
Introduced on January 3, 2025 by Brian K. Fitzpatrick
Referred to the Committee 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 jurisdiction of the committee concerned.