PolicyBrief
H.J.RES. 31
119th CongressJan 31st 2025
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.
IN COMMITTEE

This bill proposes a constitutional amendment to prohibit non-citizens from voting in any federal, state, tribal, or local election in the United States, granting Congress the power to enforce this amendment.

August Pfluger
R

August Pfluger

Representative

TX-11

LEGISLATION

Constitutional Amendment Proposed to Ban Non-Citizen Voting Nationwide: States Have 7 Years to Ratify

This proposed constitutional amendment aims to explicitly prohibit individuals who are not U.S. citizens, nationals, or lawful permanent residents from voting in any election across the country. This includes federal, state, local, and even tribal elections, and covers elections in Washington D.C. and U.S. territories.

Casting Ballots and Citizenship

The core change is straightforward: if you're not a citizen, national, or lawful permanent resident, you can't vote. The bill defines "non-citizen" as anyone who isn't legally allowed to reside permanently in the U.S., doesn't owe permanent allegiance to the U.S., or isn't a U.S. citizen. The bill gives Congress the power to create laws to enforce this ban. For this amendment to become part of the Constitution, three-fourths of state legislatures (that's 38 out of 50 states) need to ratify it within seven years of the bill being officially submitted.

Real-World Rollout and Potential Challenges

Right now, non-citizen voting is extremely rare in the U.S. This amendment would create a blanket ban, overriding any local jurisdictions that might currently allow it or consider it in the future. For example, if a town currently allows non-citizen residents to vote in local school board elections, that would be prohibited under this amendment. The seven-year ratification window means this could be a drawn-out process, with potential legal battles and political maneuvering along the way. There is the potential issue of defining "non-citizen", and legal challenges could occur.

The Bigger Picture

This amendment touches on fundamental questions about who gets a voice in American democracy. It also raises concerns about how "non-citizen" is defined, and whether that definition could unintentionally exclude people who should have voting rights. It also needs to be considered that non-citizen voting is not a widespread issue.