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Arkansas Citizenship Requirement for Voting Amendment (2026)
| Arkansas Citizenship Requirement for Voting Amendment | |
|---|---|
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| Election date |
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| Topic Citizenship voting requirements |
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| Status On the ballot |
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| Type Legislatively referred constitutional amendment |
Origin |
The Arkansas Citizenship Requirement for Voting Amendment is on the ballot in Arkansas as a legislatively referred constitutional amendment on November 3, 2026.
A "yes" vote supports providing in the state constitution that only U.S. citizens may vote in state or local elections. |
A "no" vote opposes providing in the state constitution that only U.S. citizens may vote in state or local elections. |
Overview
How would this amendment change who can vote in Arkansas?
- See also: Text of measure
Currently, section 1 of Article 3 of the Arkansas Constitution says, "any person may vote in an election in this state" who is a citizen, is at least 18 years old, and is a resident of the state. The amendment would state that "Only a citizen of the United States meeting the qualifications of an elector" may vote in the state and that "A person who does not meet the qualifications of an elector under this section shall not be permitted to vote in any state or local election held in this state."[1]
Can noncitizens vote in the United States?
- See also: Noncitizen voting in the United States
In 1996, the U.S. Congress passed a law prohibiting noncitizens from voting in federal elections, such as U.S. House, U.S. Senate, and presidential elections. Federal law did not address state or local elections.[2]
What do other state constitutions say about noncitizen voting?
All state constitutions mention United States citizenship when discussing who can vote in that state's elections. In 33 states, constitutional language discussing citizenship says who can vote (e.g. "every citizen" or "all citizens"), but does not state that noncitizens cannot vote. In 17 states—Alabama, Arizona, Colorado, Florida, Idaho, Iowa, Kentucky, Louisiana, Missouri, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, Utah, Wisconsin, and Wyoming—their constitutions allow citizens, but not noncitizens, the right to vote.
Have other states decided on similar measures?
From 2018 to 2024, voters decided on 14 ballot measures related to adding language about citizenship requirements for voting. Voters approved all 14 measures. Similar measures were also certified for the 2025 ballot in Texas and for the 2026 ballot in Kansas and South Dakota.
In 14 states that placed constitutional amendments on the ballot to require citizenship to vote in state and local elections, Republican legislators supported the amendments, averaging 99.67%. In all but one state—South Dakota (2025)—every Republican legislator voted in favor; in South Dakota, 95.3% supported the amendment. Democratic support varied between states, averaging 42.75% and ranging from 0% in Missouri, Oklahoma, and Wisconsin to 100% in Alabama (2020) and Iowa (2024). In two states, Colorado and Florida, the amendments were placed on the ballot through the citizen initiative process.
What have supporters and opponents said about the amendment?
- See also: Support and Opposition
State Rep. David Ray (R-69), who sponsored the amendment in the House, said, "[Existing language] protects your right and my right as a citizen, but it’s insufficient because it leaves room for other people to be added to that list."[3]
State Rep. Diana Gonzales Worthen (D-9), the first Latina member of the Arkansas State Legislature said there had been no documented cases of noncitizens voting in Arkansas. She said, "Immigrants do not want to break the law, especially in this manner, because if they’re in line for citizenship, this will totally erase that."[3]
Text of measure
Ballot title
The ballot title for the amendment is as follows:[1]
| “ |
AN AMENDMENT TO THE ARKANSAS CONSTITUTION TO CREATE "THE CITIZENS ONLY VOTING AMENDMENT"; TO PROVIDE THAT ONLY A CITIZEN OF THE UNITED STATES MEETING THE QUALIFICATIONS OF AN ELECTOR UNDER THE ARKANSAS CONSTITUTION MAY VOTE IN AN ELECTION IN THIS STATE; AND PROVIDING THAT A PERSON WHO DOES NOT MEET THE QUALIFICATIONS OF AN ELECTOR UNDER THE ARKANSAS CONSTITUTION SHALL NOT BE PERMITTED TO VOTE IN ANY STATE OR LOCAL ELECTION HELD IN THIS STATE.[4] |
” |
Popular name
The popular name for the amendment is as follows:[1]
| “ | A Constitutional Amendment to be Known as "The Citizens Only Voting Amendment" and Providing That Only a Citizen of the United States Meeting the Qualifications of an Elector Under the Arkansas Constitution May Vote in an Election in this State.[4] | ” |
Constitutional changes
- See also: Arkansas Constitution
The amendment would amend Section 1 of Article 3 of the Arkansas Constitution. The following struck-through text would be deleted and underlined text would be added:[1]
Note: Hover over the text and scroll to see the full text.
§ 1. Qualifications of electors.
(a)(1) Only a citizen of the United States meeting the qualifications of an elector under this section may vote in an election in this state.
(2) A person who does not meet the qualifications of an elector under this section shall not be permitted to vote in any state or local election held in this state.
(a)(b) Except as otherwise provided by this Constitution, any person may vote in an election in this state who to vote in an election in this state a person shall be:
- (1) A citizen of the United States;
- (2) A resident of the State of Arkansas;
- (3) At least eighteen (18) years of age; and
- (4) Lawfully registered to vote in the election.
(b)(1)(c)(1) In addition to the qualifications under subsection (a)(b) of this section, the General Assembly shall provide by law that a voter shall:
(A) Present valid photographic identification before receiving a ballot to vote in person; and
(B) Enclose a copy of valid photographic identification with his or her ballot when voting by absentee ballot.
(2) The General Assembly shall establish by law the types of photographic identification that a person may present to comply with subdivision (b)(1)(c)(1) of this section.
(c)(d) The State of Arkansas shall issue photographic identification at no charge to an eligible voter who does not have a form of photographic identification meeting the requirements of the law enacted by the General Assembly under this section.
(d)(1)(A)(e)(1)(A) A voter unable to present valid photographic identification when voting in person shall be permitted to vote a provisional ballot.
(B) An absentee ballot that is not accompanied by a copy of valid photographic identification shall be considered a provisional ballot.
(2) A provisional ballot under subdivision (d)(1)(e)(1) of this section shall be counted only if the voter subsequently certifies the provisional ballot in a manner provided by law.
(e)(1)(f)(1) The General Assembly shall implement the provisions of this amendment by law.
(2) The General Assembly may provide by law for exceptions to the requirement that a voter:
(A) Present valid photographic identification before receiving a ballot to vote in person; and
(B) Enclose a copy of valid photographic identification with his or her ballot when voting by absentee ballot.
(f)(g) A voter meeting the requirements of this section also shall comply with all additional laws regulating elections necessary for his or her vote to be counted.[4]
Support
Supporters
Officials
- State Sen. John Payton (R)
- State Rep. David Ray (R)
Arguments
Opposition
Opponents
Officials
- State Rep. Diana Gonzales Worthen (D)
Arguments
Campaign finance
If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Total | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Background
Voting in Arkansas
- See also: Voting in Arkansas
- Check your voter registration status here.
To vote in Arkansas, one must be a citizen of the United States and a resident of Arkansas. A voter must be 18 years of age or older on or before Election Day, not be a convicted felon whose sentence has not been discharged or pardoned, and not be adjudged as mentally incompetent.[5]
Registration must be completed no later than 30 days before the election in which a voter wishes to participate. Citizens must complete and submit a voter registration application to their county clerk or other authorized voter registration agency. For voters that submit applications by mail, the date of postmark will be considered the submission date. Applications may be obtained at the following locations:[5]
- County clerk's office
- The Arkansas Secretary of State Elections Division
- Local revenue or DMV office
- Public library
- Disability agency
- Military recruitment office
- Online
Noncitizen voting laws in the United States
The map below indicates which U.S. states allow or prohibit noncitizen voting in elections for state or local offices. It also indicates which states have approved ballot measures related to noncitizen voting.
In 1996, the U.S. Congress passed a law prohibiting noncitizens from voting in federal elections, such as U.S. House, U.S. Senate, and presidential elections. Federal law did not address state or local elections.[2]
As of 2025, municipalities in three states—California, Maryland, and Vermont—allowed noncitizens to vote in certain local and school board elections.
In June 2022, the New York State Supreme Court for Staten Island overturned a New York City law to allow noncitizen voting, ruling that it violated the state's constitution. According to Judge Ralph Porzio, “by not expressly including non-citizens in the New York State Constitution, it was the intent of the framers for non-citizens to be omitted.”[6]
State constitutions on voting and citizenship
All state constitutions mention United States citizenship when discussing who can vote in that state's elections. As of July 2025, 33 state constitutions contain language discussing citizenship says who can vote (e.g. "every citizen" or "all citizens"), but does not state that noncitizens cannot vote. In 17 states—Alabama, Arizona, Colorado, Florida, Idaho, Iowa, Kentucky, Louisiana, Missouri, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, Utah, Wisconsin, and Wyoming—their constitutions allow citizens, but not noncitizens, the right to vote.
The following table lists what each state's constitution says regarding citizenship and the right to vote. Click the arrow to browse pages in the chart or search for a state within the chart.
Citizenship voting requirement ballot measures
From 2018 to 2024, voters decided on 14 ballot measures related to adding language about citizenship requirements for voting. Voters approved all 14 measures.
Partisanship of legislative votes on referred measures
In 16 states that placed constitutional amendments on the ballot to require citizenship to vote in state and local elections, Republican legislators supported the amendments, averaging 99.7%. In all but one state—South Dakota (2026)—every Republican legislator voted in favor; in South Dakota, 95.3% supported the amendment. Democratic support varied between states, averaging 43.1% and ranging from 0% in Missouri, Oklahoma, and Wisconsin to 100% in Alabama (2020) and Iowa (2024).
Path to the ballot
Amending the Arkansas Constitution
- See also: Amending the Arkansas Constitution
A simple majority vote is required during one legislative session for the Arkansas State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 51 votes in the Arkansas House of Representatives and 18 votes in the Arkansas State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
House Joint Resolution 1018 (2025)
The following is the timeline of the constitutional amendment in the state legislature:[1]
- April 7, 2025: The state House passed the amendment in a vote of 82-6 with 12 members not voting.
- April 14, 2025: The Senate passed the amendment in a vote of 27-0 with eight members not voting.
| Votes Required to Pass: 51 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 82 | 6 | 12 |
| Total % | 82.0% | 6.0% | 12.0% |
| Democratic (D) | 3 | 6 | 10 |
| Republican (R) | 79 | 0 | 2 |
| Votes Required to Pass: 18 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 27 | 0 | 8 |
| Total % | 77.1% | 0.0% | 22.9% |
| Democratic (D) | 0 | 0 | 6 |
| Republican (R) | 27 | 0 | 2 |
How to cast a vote
- See also: Voting in Arkansas
See below to learn more about current voter registration rules, identification requirements, and poll times in Arkansas.
See also
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External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 Arkansas State Legislature, "HJR 1018," accessed April 8, 2025
- ↑ 2.0 2.1 Cornell Law School, "18 U.S. Code § 611 - Voting by aliens," accessed March 26, 2020
- ↑ 3.0 3.1 Arkansas Advocate, "Arkansas lawmakers refer three proposed constitutional amendments to 2026 ballot," accessed April 23, 2025
- ↑ 4.0 4.1 4.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ 5.0 5.1 5.2 5.3 5.4 5.5 Arkansas Secretary of State, "Voter Registration Information," accessed July 29, 2024
- ↑ Reuters, "New York judge rules law allowing noncitizens to vote for mayor is unconstitutional," June 27, 2022
- ↑ Arkansas Code, "Title 7, Chapter 5, Subchapter 304," accessed April 3, 2023
- ↑ Arkansas Secretary of State, "Arkansas Voter Registration Application," accessed November 1, 2024
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ Arkansas Secretary of State, "Frequently Asked Questions," accessed July 29, 2024
