Proposing an amendment to the Constitution of the United States to prohibit persons who are not citizens, nationals, or lawful permanent residents of the United States from voting in elections.

Bill Number

H.J.Res. 31

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Government Operations and Politics

Status

Introduced

Latest Action

2025-01-31: Referred to the House Committee on the Judiciary.

Last Updated

2025-06-13T18:36:08Z

AI-Generated Summary

Purpose

This joint resolution (H.J. Res. 31) proposes an amendment to the U.S. Constitution to explicitly prohibit individuals who are not U.S. citizens, nationals (people owing permanent allegiance to the U.S., such as those from American Samoa), or lawful permanent residents (often called green card holders) from voting in any elections. The goal is to restrict voting rights to these specific groups across all levels of government.

Key Provisions

• Section 1: Bars voting in federal, state, tribal, or local elections—including those for offices in the District of Columbia or U.S. territories and possessions—to anyone who is not a U.S. citizen, national, or lawful permanent resident. This applies to elections for any public office.
• Section 2: Grants Congress the authority to pass laws needed to enforce the amendment.

The amendment would become part of the Constitution if ratified by the legislatures of three-fourths of the states within seven years of congressional approval (requiring a two-thirds vote in both the House and Senate).

Significant Changes to Existing Law

• Current U.S. law already limits voting in federal elections to citizens under the Constitution and federal statutes, but some state and local governments (e.g., certain cities) have allowed non-citizens to vote in limited local matters, such as school board elections.
• This amendment would constitutionalize a nationwide ban, overriding any state or local laws permitting non-citizen voting and extending the prohibition to tribal, territorial, and District of Columbia elections where such practices might exist or be considered in the future.
• It clarifies and strengthens restrictions by including nationals and lawful permanent residents as eligible voters, which aligns with but elevates existing practices to constitutional status.

Potential Impacts

• On Citizens and Eligible Voters: Reinforces exclusive voting rights, potentially increasing public confidence in election integrity but without directly changing their ability to vote.
• On Non-Citizens and Immigrants: Prevents undocumented immigrants, temporary visa holders, and others outside the defined categories from participating in any U.S. elections, which could discourage civic engagement for these groups.
• On Government Agencies and Election Officials: States, localities, tribes, the District of Columbia, and territories may need to update voter registration systems, laws, and enforcement mechanisms to comply, increasing administrative burdens and costs for election administration.
• On International Relations: Minimal direct impact, though it could influence perceptions of U.S. immigration and democracy policies abroad, potentially signaling a stricter stance on non-citizen involvement in governance.

Main Stakeholders Affected

• U.S. Citizens: Primary beneficiaries, as the amendment protects their voting exclusivity.
• Lawful Permanent Residents and Nationals: Explicitly included as eligible voters, ensuring their rights are constitutionally safeguarded.
• Non-Citizen Immigrants (e.g., Undocumented or Temporary Residents): Directly restricted from voting, affecting an estimated millions in the U.S.
• State, Local, Tribal, and Territorial Governments: Must align election rules with the amendment, impacting policy-making and administration.
• Election Officials and Advocacy Groups: Involved in implementation, compliance, and potential legal challenges related to voter eligibility verification.
• Congress: Gains enforcement powers, which could lead to new federal laws on voting oversight.

Notable Legal, Constitutional, or Political Implications

• Constitutional Implications: As a proposed amendment, it would embed voting restrictions directly into the Constitution (a "supreme law" that states cannot contradict), making it extremely difficult to alter without another amendment. This builds on existing clauses like the 14th, 15th, 19th, 24th, and 26th Amendments, which expand voting rights but do not address non-citizen eligibility explicitly.
• Legal Implications: Could reduce litigation over state-level non-citizen voting experiments by providing a uniform national standard; however, it might invite challenges on equal protection grounds (e.g., under the 14th Amendment) if seen as discriminatory against certain residents. Enforcement by Congress could lead to federal mandates on voter ID or registration processes.
• Political Implications: Addresses ongoing debates about election security and immigration, potentially energizing discussions in Congress and state legislatures during ratification. Its introduction by specific representatives highlights partisan divides, but success depends on broad bipartisan support for passage and ratification. If ratified, it could influence future immigration reforms by tying civic participation more closely to legal status.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Pfluger, August [R-TX-11]

Cosponsors (8)

Rep. Arrington, Jodey C. [R-TX-19], Rep. Hamadeh, Abraham [R-AZ-8], Rep. Timmons, William R. [R-SC-4], Rep. Boebert, Lauren [R-CO-4], Rep. Goldman, Craig [R-TX-12], Rep. Donalds, Byron [R-FL-19], Rep. Van Drew, Jefferson [R-NJ-2], Rep. Mackenzie, Ryan [R-PA-7]

Recent Actions

• 2025-01-31: Referred to the House Committee on the Judiciary.
• 2025-01-31: Introduced in House
• 2025-01-31: Introduced in House

Bill Versions

• Proposing an amendment to the Constitution of the United States to prohibit persons who are not citizens, nationals, or lawful permanent residents of the United States from voting in elections. — issued 2025-01-31 — PDF (2 pages)