I 119THCONGRESS 1 STSESSION H. R. 155 To require States to permit unaffiliated voters to vote in primary elections for Federal office, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY3, 2025 Mr. F ITZPATRICK(for himself, Ms. PEREZ, Mr. GOLDENof Maine, and Mr. G ARBARINO) 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 require States to permit unaffiliated voters to vote in primary elections for Federal office, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Let America Vote 4 Act’’. 5 VerDate Sep 11 2014 21:56 Jan 29, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H155.IH H155 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •HR 155 IH SEC. 2. REQUIRING STATES TO PERMIT UNAFFILIATED 1 VOTERS TO VOTE IN PRIMARY ELECTIONS. 2 (a) S ENSE OFCONGRESS.—It is the sense of Con-3 gress that the right of a citizen of the United States to 4 vote in any taxpayer-funded election for public office shall 5 not be denied or abridged by the United States or by any 6 State on the grounds of political party affiliation or lack 7 thereof. 8 (b) R EQUIREMENTS FOR ELECTIONS FORFEDERAL 9 O FFICE.— 10 (1) A CCESS OF UNAFFILIATED VOTERS TO PRI -11 MARIES.—Each State shall permit an unaffiliated 12 voter who is registered to vote in an election for 13 Federal office held in the State to vote in any pri-14 mary election for such office held in the State, ex-15 cept that the State shall not permit an unaffiliated 16 voter to vote in primary elections for such office of 17 more than one political party. 18 (2) R ESTRICTIONS RELATING TO UNAFFILI -19 ATED VOTERS.— 20 (A) R ESTRICTIONS ON SHARING OF INFOR -21 MATION.—A State shall not share information 22 relating to an unaffiliated voter in a primary 23 election for Federal office, including the voter’s 24 name and contact information, with a political 25 party or with any other person who may rea-26 VerDate Sep 11 2014 21:56 Jan 29, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H155.IH H155 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •HR 155 IH sonably be expected to use the information for 1 a political or politically-connected commercial 2 purpose, including soliciting funds. 3 (B) R ESTRICTIONS ON STATUS OF VOTER 4 ON OFFICIAL REGISTRATION LIST .—For pur-5 poses of a State’s official voter registration list, 6 a State shall not treat an individual who is an 7 unaffiliated voter as a member of, or as an indi-8 vidual who is otherwise affiliated with, the polit-9 ical party who held the primary election in 10 which the individual voted solely on the grounds 11 that the individual voted in that primary elec-12 tion. 13 (c) E LECTIONS FORSTATE ANDLOCALOFFICE.— 14 Notwithstanding any other provision of law, a State may 15 not use any funds provided by the Federal Government 16 directly for election administration purposes unless the 17 State certifies to the Election Assistance Commission 18 that— 19 (1) the State permits an unaffiliated voter who 20 is registered to vote in an election for State or local 21 office held in the State to vote in any primary elec-22 tion for such office held in the State, except that the 23 State shall not permit an unaffiliated voter to vote 24 VerDate Sep 11 2014 21:56 Jan 29, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H155.IH H155 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •HR 155 IH in primary elections for such office of more than one 1 political party; 2 (2) the State applies the restrictions on sharing 3 information relating to unaffiliated voters in primary 4 elections for Federal office, as described in sub-5 section (a)(2)(A), to information relating to unaffili-6 ated voters in primary elections for State and local 7 office; and 8 (3) the State applies the restrictions on treating 9 unaffiliated voters in primary elections for Federal 10 office as members of, or as individuals who are oth-11 erwise affiliated with, a political party, as described 12 in subsection (a)(2)(B), to unaffiliated voters in pri-13 mary elections for State and local office. 14 (d) T RANSITIONASSISTANCEGRANTS.— 15 (1) P AYMENT OF GRANTS .—If a State certifies 16 to the Election Assistance Commission that the 17 State is in compliance with the requirements of this 18 section with respect to a fiscal year, the Commission 19 shall make a payment to the State during that fiscal 20 year and each of the 4 succeeding fiscal years in an 21 amount equal to 2 percent of the total amount of re-22 quirements payments made to the State under sec-23 tion 251 of the Help America Vote Act of 2002 (52 24 U.S.C. 21001). 25 VerDate Sep 11 2014 21:56 Jan 29, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H155.IH H155 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •HR 155 IH (2) USE OF FUNDS.—A State shall use the pay-1 ment received under this subsection to cover the 2 costs of permitting unaffiliated voters who are reg-3 istered to vote in elections for Federal, State, or 4 local office held in the State to vote in any primary 5 election for such office held in the State. 6 (3) A UTHORIZATION OF APPROPRIATIONS .— 7 There are authorized to be appropriated for fiscal 8 year 2026 and each succeeding fiscal year such sums 9 as may be necessary for grants under this sub-10 section. 11 (e) D EFINITIONS.—For purposes of this section— 12 (1) the terms ‘‘election’’ and ‘‘Federal office’’ 13 have the meanings give such terms in section 301 of 14 the Federal Election Campaign Act of 1971 (52 15 U.S.C. 30101); 16 (2) the term ‘‘primary election’’ means an elec-17 tion (including a primary election held for the ex-18 pression of a preference for the nomination of indi-19 viduals for election to the office of President) held 20 by any political party to nominate individuals who 21 would appear on a general election ballot as a can-22 didate for election for Federal office, including a 23 convention or caucus of a political party which has 24 authority to nominate such a candidate; 25 VerDate Sep 11 2014 21:56 Jan 29, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H155.IH H155 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •HR 155 IH (3) the term ‘‘State’’ has the meaning given 1 such term in section 901 of the Help America Vote 2 Act of 2002 (52 U.S.C. 21141); and 3 (4) the term ‘‘unaffiliated voter’’ means an in-4 dividual who is not registered to vote as a member 5 of a political party or otherwise affiliated with a po-6 litical party. 7 (f) E FFECTIVEDATE.—This Act shall apply with re-8 spect to elections held after the date of the enactment of 9 this Act. 10 SEC. 3. PROHIBITING NONCITIZENS FROM VOTING. 11 (a) S TATEMENT OFPOLICY.—It is the policy of the 12 United States that no person who is not a citizen shall 13 be permitted or granted the right to vote in any taxpayer- 14 funded election for public office held by or in the United 15 States or any State. 16 (b) E LECTIONS FORFEDERALOFFICE.—No State 17 shall permit any person who is not a citizen of the United 18 States to vote in any election for Federal office held in 19 the State. 20 (c) E LECTIONS FORSTATE ANDLOCALOFFICE.— 21 Notwithstanding any other provision of law, a State may 22 not use any funds provided by the Federal Government 23 directly for election administration purposes unless the 24 State certifies to the Election Assistance Commission that 25 VerDate Sep 11 2014 21:56 Jan 29, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H155.IH H155 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 •HR 155 IH the State does not permit any person who is not a citizen 1 of the United States to vote in any election for State or 2 local office or any ballot initiative or referendum held in 3 the State. 4 Æ VerDate Sep 11 2014 21:56 Jan 29, 2025 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H155.IH H155 kjohnson on DSK7ZCZBW3PROD with $$_JOB