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This bill would make it easier for people who are not registered with a political party (often called unaffiliated or independent voters) to take part in primary elections for federal offices. It says states must let unaffiliated voters cast a ballot in a primary for federal office, but a person cannot vote in primaries for more than one party for the same office. The bill also protects unaffiliated voters’ privacy by stopping states from sharing their names or contact details with parties or people who would use the information for political or fundraising purposes, and it prevents a state from labeling someone as a party member just because they voted in that party’s primary. States that want federal election administration funds must follow the same rules for state and local primaries and certify that they do. To help states make changes, the bill offers short-term transition grants equal to 2% of certain Help America Vote Act payments for five years and authorizes money starting in fiscal year 2026. The bill also clearly bars noncitizens from voting in any federal election and requires states to certify they do not allow noncitizens to vote in state or local elections in order to receive federal election administration funds. The rules would apply to elections held after the law takes effect.
- Unaffiliated voters: States must allow them to vote in primaries for federal office, but each unaffiliated voter may vote in only one party’s primary for the same office.
- Privacy and records: States cannot share unaffiliated voters’ contact info for political use, nor mark them as party members just because they voted in a party primary.
- Funding and help: States must certify they follow these rules to get federal election administration funds; compliant states get transition grants equal to 2% of certain HAVA payments for five years, with funding authorized from FY2026 onward.
- Noncitizen voting: The bill prohibits noncitizens from voting in federal elections and requires states to certify they do not allow noncitizen voting in state or local elections to receive federal election funds.
Official Summaries
Let America Vote Act
This bill requires states to allow unaffiliated voters to vote in primary elections for federal office. It also restricts certain federal election funding for states that allow noncitizens to vote in state or local elections.
Specifically, each state must permit an unaffiliated voter who is registered to vote in a federal election held in the state to vote in any primary election for federal office. A state shall not permit an unaffiliated voter to vote in primary elections for more than one political party.
The bill prohibits a state from (1) sharing unaffiliated voter information with a political party or any other person who may reasonably be expected to use the information for political purposes, including soliciting funds; or (2) treating an unaffiliated voter as a member of a political party for purposes of the state's official voter registration list.
States must, in order to use federal election administration funds, certify their compliance with these unaffiliated voter requirements. Upon certification, the Election Assistance Commission (EAC) must make five-year grants to the state for the costs of permitting unaffiliated voters to vote in primary elections.
The bill specifically prohibits noncitizens from voting in federal elections. (Current federal law prohibits noncitizens from voting in federal elections.)
A state may not use federal election administration funds unless the state certifies to the EAC that it does not permit a noncitizen to vote in state or local elections or vote on any ballot initiative or referendum held in the state.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 155 Introduced in House (IH)]
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119th CONGRESS
1st Session
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
January 3, 2025
Mr. Fitzpatrick (for himself, Ms. Perez, Mr. Golden of Maine, and Mr.
Garbarino) introduced the following bill; which was 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
_______________________________________________________________________
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Let America Vote Act''.
SEC. 2. REQUIRING STATES TO PERMIT UNAFFILIATED VOTERS TO VOTE IN
PRIMARY ELECTIONS.
(a) Sense of Congress.--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.
(b) Requirements for Elections for Federal Office.--
(1) Access of unaffiliated voters to primaries.--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.
(2) Restrictions relating to unaffiliated voters.--
(A) Restrictions on sharing of information.--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.
(B) Restrictions on status of voter on official
registration list.--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.
(c) Elections for State and Local Office.--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--
(1) 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;
(2) 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
(3) 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.
(d) Transition Assistance Grants.--
(1) Payment of grants.--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).
(2) Use of funds.--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.
(3) Authorization of appropriations.--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.
(e) Definitions.--For purposes of this section--
(1) 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);
(2) 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;
(3) 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
(4) 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.
(f) Effective Date.--This Act shall apply with respect to elections
held after the date of the enactment of this Act.
SEC. 3. PROHIBITING NONCITIZENS FROM VOTING.
(a) Statement of Policy.--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.
(b) Elections for Federal Office.--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.
(c) Elections for State and Local Office.--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.
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