No Exceptions for Non-Citizens Voting Act
- Sponsor
- Rep. Burlison, Eric [R-MO-7]
- Committees
- Judiciary Committee (primary)
- Last action
- Jun 11, 2026
Bottom line
The "No Exceptions for Non-Citizens Voting Act" aims to strictly prohibit all non-citizen voting in U.S. elections and enhance immigration penalties for those who have unlawfully voted at any time.
What it actually does
This bill amends federal law to eliminate all existing exceptions that permit non-citizens to vote in any election, including those for state or local offices where state law might otherwise allow it. It also removes the "reasonable belief" defense for non-citizens who voted believing they were citizens. Furthermore, it expands the grounds for inadmissibility and deportability for unlawful voting by removing a September 30, 1996, cutoff date, making the provisions apply retroactively to any past unlawful voting.
Proponents argue
Proponents argue that voting is a fundamental right and privilege reserved exclusively for U.S. citizens, essential for maintaining the integrity and sovereignty of the nation's electoral system. They contend that any exceptions for non-citizens, even at the state or local level, dilute the power of citizen votes and could open avenues for foreign influence or fraud. Removing the "reasonable belief" defense and the date limitation for inadmissibility/deportability ensures accountability and reinforces the principle that non-citizens should not participate in U.S. elections.
Opponents contend
Opponents might argue that the bill is overly broad, potentially criminalizing actions that were previously permitted under state or local laws, and could lead to the unjust deportation or denial of entry for individuals who voted legally or in good faith under prior rules. They may also raise concerns about the retroactive application of immigration penalties, which could affect long-term residents or those who made an honest mistake. Some may also argue that allowing non-citizens to vote in local elections, particularly those who pay taxes and contribute to the community, can be a legitimate exercise of local self-governance.
The bill text is very short and straightforward, allowing for quick comprehension by any informed reader.
Section 2(a)(1)
Striking Exceptions to Unlawful Alien Voting
This provision amends 18 U.S.C. 611(a) to remove the clause that allowed non-citizens to vote in federal elections if they were otherwise authorized by state or local law to vote in that jurisdiction and only voted for state or local candidates. The effect is to make it unequivocally unlawful for any alien to vote in any election that includes federal offices, regardless of state or local authorization for non-federal races.
Supporters argue
Supporters argue this provision closes a loophole that could allow non-citizens to inadvertently or intentionally cast ballots in federal elections, thereby safeguarding the integrity of national elections and ensuring only citizens determine federal representation.
Critics contend
Critics might contend that this provision overrides states' rights to determine their own electoral rules for state and local offices, potentially disenfranchising non-citizens who are otherwise legally permitted to vote in local elections and contribute to their communities.
Tradeoffs
This provision balances federal control over election integrity with state and local autonomy in determining voter eligibility for non-federal elections.
Section 2(a)(2)
Eliminating Reasonable Belief Exception
This provision strikes subsection (c) of 18 U.S.C. 611. Currently, subsection (c) states that the prohibition on alien voting does not apply if the alien "reasonably believed" they were a citizen of the United States at the time of voting. Removing this subsection eliminates this defense, meaning an alien who votes unlawfully could be prosecuted regardless of their belief about their citizenship status.
Section 2(b)
Retroactive Inadmissibility for Unlawful Voting
This provision amends Section 212(a)(10)(D) of the Immigration and Nationality Act. It removes the phrase "after September 30, 1996," making any alien who has voted in violation of any federal, state, or local voting regulation inadmissible to the United States, regardless of when the unlawful voting occurred. This means past unlawful voting, even if it occurred before the original 1996 cutoff, would make an alien inadmissible.
Section 2(c)
Retroactive Deportability for Unlawful Voting
This provision amends Section 237(a)(6) of the Immigration and Nationality Act. Similar to the inadmissibility change, it removes the phrase "after September 30, 1996," making any alien who has voted in violation of any federal, state, or local voting regulation deportable from the United States, regardless of when the unlawful voting occurred. This means past unlawful voting, even if it occurred before the original 1996 cutoff, would make an alien deportable.