HR155-119

2. Requiring States to permit unaffiliated voters to vote in primary elections It is the sense of Congress that the right of a citizen of the United States to vote in any taxpayer-funded election for public office shall not be denied or abridged by the United States or by any State on the grounds of political party affiliation or lack thereof. Each State shall permit an unaffiliated voter who is registered to vote in an election for Federal office held in the State to vote in any primary election for such office held in the State, except that the State shall not permit an unaffiliated voter to vote in primary elections for such office of more than one political party. A State shall not share information relating to an unaffiliated voter in a primary election for Federal office, including the voter’s name and contact information, with a political party or with any other person who may reasonably be expected to use the information for a political or politically-connected commercial purpose, including soliciting funds. For purposes of a State’s official voter registration list, a State shall not treat an individual who is an unaffiliated voter as a member of, or as an individual who is otherwise affiliated with, the political party who held the primary election in which the individual voted solely on the grounds that the individual voted in that primary election. Notwithstanding any other provision of law, a State may not use any funds provided by the Federal Government directly for election administration purposes unless the State certifies to the Election Assistance Commission that— the State permits an unaffiliated voter who is registered to vote in an election for State or local office held in the State to vote in any primary election for such office held in the State, except that the State shall not permit an unaffiliated voter to vote in primary elections for such office of more than one political party; the State applies the restrictions on sharing information relating to unaffiliated voters in primary elections for Federal office, as described in subsection (a)(2)(A), to information relating to unaffiliated voters in primary elections for State and local office; and the State applies the restrictions on treating unaffiliated voters in primary elections for Federal office as members of, or as individuals who are otherwise affiliated with, a political party, as described in subsection (a)(2)(B), to unaffiliated voters in primary elections for State and local office. If a State certifies to the Election Assistance Commission that the State is in compliance with the requirements of this section with respect to a fiscal year, the Commission shall make a payment to the State during that fiscal year and each of the 4 succeeding fiscal years in an amount equal to 2 percent of the total amount of requirements payments made to the State under section 251 of the Help America Vote Act of 2002 (52 U.S.C. 21001). A State shall use the payment received under this subsection to cover the costs of permitting unaffiliated voters who are registered to vote in elections for Federal, State, or local office held in the State to vote in any primary election for such office held in the State. There are authorized to be appropriated for fiscal year 2026 and each succeeding fiscal year such sums as may be necessary for grants under this subsection. For purposes of this section— the terms election and Federal office have the meanings give such terms in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101); the term primary election means an election (including a primary election held for the expression of a preference for the nomination of individuals for election to the office of President) held by any political party to nominate individuals who would appear on a general election ballot as a candidate for election for Federal office, including a convention or caucus of a political party which has authority to nominate such a candidate; the term State has the meaning given such term in section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141); and the term unaffiliated voter means an individual who is not registered to vote as a member of a political party or otherwise affiliated with a political party. This Act shall apply with respect to elections held after the date of the enactment of this Act.

3. Prohibiting noncitizens from voting It is the policy of the United States that no person who is not a citizen shall be permitted or granted the right to vote in any taxpayer-funded election for public office held by or in the United States or any State. No State shall permit any person who is not a citizen of the United States to vote in any election for Federal office held in the State. Notwithstanding any other provision of law, a State may not use any funds provided by the Federal Government directly for election administration purposes unless the State certifies to the Election Assistance Commission that the State does not permit any person who is not a citizen of the United States to vote in any election for State or local office or any ballot initiative or referendum held in the State.