H.J.Res.31 - 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. (119th Congress)
Summary
H.J.Res.31 proposes an amendment to the United States Constitution that would explicitly prohibit non-citizens, non-nationals, and non-lawful permanent residents from voting in any election, including federal, state, tribal, and local elections. The resolution was introduced in the House of Representatives and referred to the Committee on the Judiciary. It requires a two-thirds vote in both the House and Senate and ratification by three-fourths of the states within seven years to become effective.
The proposed amendment aims to clarify and reinforce the existing understanding that voting is a right reserved for citizens and those with a permanent connection to the United States. It seeks to prevent potential future interpretations or policies that might extend voting rights to non-citizens.
The resolution reflects ongoing debates about election integrity and the role of citizenship in determining voting eligibility.
Expected Effects
If ratified, this amendment would constitutionally bar non-citizens, non-nationals and non-lawful permanent residents from voting in US elections. This would create a uniform national standard, preventing states or localities from extending voting rights to these groups.
The amendment would likely reduce legal challenges related to voting eligibility and reinforce the concept of civic participation being tied to citizenship or permanent residency. It could also impact voter turnout in some localities where non-citizens are currently allowed to vote in local elections.
This could lead to increased confidence in election outcomes among some segments of the population.
Potential Benefits
- Reinforces Citizenship: Affirms the importance of citizenship and legal residency in the electoral process.
- Prevents Voter Dilution: Prevents the votes of citizens from being diluted by non-citizen votes.
- Reduces Legal Ambiguity: Clarifies voter eligibility requirements, potentially reducing legal challenges.
- National Standard: Establishes a uniform national standard for voter eligibility.
- Increased Confidence: May increase confidence in election integrity among some voters.
Potential Disadvantages
- Exclusionary: May be perceived as exclusionary and discriminatory towards non-citizens who contribute to society.
- Unnecessary: Some argue that existing laws and constitutional interpretations already prevent non-citizen voting, making the amendment unnecessary.
- Potential for Disenfranchisement: Could inadvertently disenfranchise eligible voters due to overly strict enforcement or misidentification.
- Divisive: Could further polarize political discourse on immigration and voting rights.
- Limited Impact: May have a limited practical impact, as non-citizen voting is already rare.
Constitutional Alignment
The proposed amendment aligns with the principle of popular sovereignty, as expressed in the Constitution's preamble ("We the People"). While the Constitution does not explicitly define who "the People" are for voting purposes, it implies a connection to citizenship and allegiance. Section 2 of Article I leaves the qualifications for electors to the states, but this amendment would set a minimum national standard.
The amendment process itself is explicitly outlined in Article V of the Constitution, detailing how amendments can be proposed by Congress and ratified by the states. This resolution follows that process.
However, some may argue that the amendment infringes upon states' rights to determine voter qualifications, potentially conflicting with the Tenth Amendment.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).