Kansas Citizenship Voting Requirement Amendment (2026)

Kansas Citizenship Voting Requirement Amendment
Election date November 3, 2026
Topic Citizenship voting requirements
Status On the ballot
Type Legislatively referred constitutional amendment	Origin State legislature

The Kansas Citizenship Voting Requirement Amendment is on the ballot in Kansas as a legislatively referred constitutional amendment on November 3, 2026.

A "yes" vote supports amending the state constitution to state that only a citizen of the United States is eligible to vote.

A "no" vote opposes amending the state constitution to state that only a citizen of the United States is eligible to vote.

Overview

How would this amendment change who can vote in Kansas?

See also: Text of measure

The measure would amend section 1 of Article 5 of the Kansas Constitution to specify that in order to vote in Kansas, individuals must be citizens, at least 18 years old, and a resident of the area in which the person is seeking to vote in. Currently, the constitution says, "Every citizen of the United States who has attained the age of eighteen years and who resides in the voting area in which he or she seeks to vote shall be deemed a qualified elector."

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.

What do other state constitutions say about noncitizen voting?

See also: State constitutions on suffrage and citizenship

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.

Who supports and opposes the amendment?

See also: Support and Opposition

The amendment was endorsed by State Rep. Pat Proctor (R-41), Republican Party of Kansas, Americans for Citizen Voting, and Opportunity Solutions Project. State Rep. Proctor said, "There is a federal law barring non-citizens from voting in federal elections. And there is a nearly 100-year-old court decision ruling on who is eligible to hold a county office that has been subsequently interpreted to bar non- citizen from voting in elections for state offices. But there are no decisions and no statutes preventing a municipality from allowing non-citizens to vote in a municipal election. Further, this or a future Kansas Supreme Court could overturn previous judicial precedents in the state and allow non-citizens to vote in elections for county and state elections, as well."

The amendment is opposed by the ACLU of Kansas, the League of Women Voters of Kansas, and Loud Light Civic Action. Rashane Hamby, director of policy and research for the ACLU of Kansas: "The language in HCR 5004 could be weaponized to justify a return to restrictive voter registration laws, as it explicitly conditions voter eligibility on U.S. citizenship, despite no evidence of noncitizen voting in Kansas elections. Furthermore, the amendment’s reference to "laws of this state relating to voting for presidential electors" could allow legislators to tighten residency requirements or impose further barriers under the pretense of aligning with federal law. ... This constitutional amendment changes the language of the Kansas constitution from the federal default standard promoting everyone one who fits the following criteria are able to vote, to only those who fit these criteria may vote. This subtle but dangerous distinction promotes voter suppression through its exclusionary tone, instead of inclusionary and default language."

Text of measure

Ballot summary

The ballot summary is as follows:

“

Explanatory statement. This amendment would clarify that only a person who is a citizen of the United States is eligible to vote in this state. A vote for this proposition would clarify that only a person who is a citizen of the United States is eligible to vote in this state. A vote against this proposition would make no change to the constitution of the state of Kansas, and the language concerning voter qualifications would remain the same.

”

Constitutional changes

See also: Article 5, Kansas Constitution

The measure would amend section 1 of Article 5 of the state constitution. The following underlined text would be added, and struck-through text would be deleted:

§ 1. Qualifications of Electors

Every (a.) No person shall be deemed a qualified elector unless such person:

(1) Is a citizen of the United States who;

(2) has attained the age of eighteen years; and who

(3) except as provided in subsection (b) or (c), resides in the voting area in which he or she such person seeks to vote shall be deemed a qualified elector.

(b.) Laws of this state relating to voting for presidential electors and candidates for the office of president and vice-president of the United States shall comply with the laws of the United States relating thereto. A citizen of the United States, who is otherwise qualified to vote in Kansas for presidential electors and candidates for the offices of president and vice-president of the United States may vote for such officers either in person or by absentee ballot notwithstanding the fact that such person may have become a nonresident of this state if his or her such person's removal from this state occurs during a period in accordance with federal law next preceding such election.

(c.) A person who is otherwise a qualified elector may vote in the voting area of his or her such person's former residence either in person or by absentee ballot notwithstanding the fact that such person may have become a nonresident of such voting area during a period prescribed by law next preceding the election at which he or she such person seeks to vote, if his such person's new residence is in another voting area in the state of Kansas.

Full text

The full text of the amendment is available here.

Support

Supporters

Officials

• State Rep. Pat Proctor (R)

Political Parties

• Republican Party of Kansas

Organizations

• Americans for Citizen Voting
• Opportunity Solutions Project

Arguments

• State Rep. Pat Proctor (R-41): "There is a federal law barring non-citizens from voting in federal elections. And there is a nearly 100-year-old court decision ruling on who is eligible to hold a county office that has been subsequently interpreted to bar non- citizen from voting in elections for state offices. But there are no decisions and no statutes preventing a municipality from allowing non-citizens to vote in a municipal election. Further, this or a future Kansas Supreme Court could overturn previous judicial precedents in the state and allow non-citizens to vote in elections for county and state elections, as well."
• Becky Arps, director of research for Americans for Citizen Voting: "The Kansas Constitution protects the rights of every citizen of the United States who has attained the age of eighteen years and who resides in the voting area. It does not prohibit a municipality from allowing a non-citizen to vote legally. It is granting the right to vote to citizens of the United States but not reserving the right to vote to only citizens of the United States."

Opposition

Opponents

Organizations

• ACLU of Kansas
• League of Women Voters of Kansas
• Loud Light Civic Action

Arguments

• Davis Hammet of Loud Light Civic Action: “‬‭This amendment does nothing to strengthen our Constitution, it appears to do nothing at all legally, yet it‬  will cause confusion, inflame tensions, and distract from important conversations.”
• Rashane Hamby, director of policy and research for the ACLU of Kansas: "The language in HCR 5004 could be weaponized to justify a return to restrictive voter registration laws, as it explicitly conditions voter eligibility on U.S. citizenship, despite no evidence of noncitizen voting in Kansas elections. Furthermore, the amendment’s reference to "laws of this state relating to voting for presidential electors" could allow legislators to tighten residency requirements or impose further barriers under the pretense of aligning with federal law. ... This constitutional amendment changes the language of the Kansas constitution from the federal default standard promoting everyone one who fits the following criteria are able to vote, to only those who fit these criteria may vote. This subtle but dangerous distinction promotes voter suppression through its exclusionary tone, instead of inclusionary and default language."

Campaign finance

See also: Campaign finance requirements for Kansas ballot measures

The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through September 9, 2025. The deadline for the next scheduled reports is January 10, 2026.

Ballotpedia has not identified any committees registered to support or oppose the measure.

	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 Kansas

See also: Voting in Kansas

Check your voter registration status here.

To vote in Kansas, one must be a citizen of the United States and a resident of Kansas. In order to register, an individual must be least 18 years old before the next election. Voters must register at least 21 days prior to Election Day. Registration can be done by completing and returning an application, either in person or by mail. Registration may also be completed online.

Noncitizen voting laws in the United States

See also: Laws permitting noncitizens to vote 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.

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.”

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.

State	Year	Ballot Measure	Type	Status
North Dakota	2018	North Dakota Measure 2	Initiated constitutional amendment	Approved
Alabama	2020	Alabama Amendment 1	Legislatively referred constitutional amendment	Approved
Florida	2020	Florida Amendment 1	Initiated constitutional amendment	Approved
Colorado	2020	Colorado Amendment 76	Initiated constitutional amendment	Approved
Ohio	2022	Ohio Issue 2	Legislatively referred constitutional amendment	Approved
Louisiana	2022	Louisiana Amendment 1	Legislatively referred constitutional amendment	Approved
Iowa	2024	Iowa Amendment 1	Legislatively referred constitutional amendment	Approved
Wisconsin	2024	Wisconsin Citizenship Voting Requirement Amendment	Legislatively referred constitutional amendment	Approved
Kentucky	2024	Kentucky Constitutional Amendment 1	Legislatively referred constitutional amendment	Approved
Idaho	2024	Idaho HJR 5	Legislatively referred constitutional amendment	Approved
South Carolina	2024	South Carolina Citizenship Requirement for Voting Amendment	Legislatively referred constitutional amendment	Approved
Missouri	2024	Missouri Amendment 7	Legislatively referred constitutional amendment	Approved
Oklahoma	2024	Oklahoma State Question 834	Legislatively referred constitutional amendment	Approved
North Carolina	2024	North Carolina Citizenship Requirement for Voting Amendment	Legislatively referred constitutional amendment	Approved
South Dakota	2026	South Dakota Constitutional Amendment J	Legislatively referred constitutional amendment	On the ballot
Kansas	2026	Kansas Citizenship Voting Requirement Amendment	Legislatively referred constitutional amendment	On the ballot
Arkansas	2026	Arkansas Citizenship Requirement for Voting Amendment	Legislatively referred constitutional amendment	On the ballot
Texas	2025	Texas Proposition 16	Legislatively referred constitutional amendment	On the ballot

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).

Democratic support is shown to the left, Republican to the right. Data from 2020–2025.

Path to the ballot

Amending the Kansas Constitution

See also: Amending the Kansas Constitution

A two-thirds vote is required during one legislative session for the Kansas State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 27 votes in the Kansas State Senate and 84 votes in the Kansas House of Representatives, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

House Concurrent Resolution 5004 (2025)

The following is the timeline of the constitutional amendment in the state legislature:

• January 16, 2025: This amendment was introduced as House Concurrent Resolution 5004.
• January 30, 2025: It was referred to the House Committee on Elections, which recommended it be adopted.
• February 5, 2025: The state House passed HCR 5004 in a vote of 90-28, with seven not voting or absent.
• February 6, 2025: The state Senate received the amendment.
• February 7, 2025: It was referred to the Senate Committee on Federal and State Affairs.
• March 25, 2025: The state Senate passed HCR 5004 by a vote of 37-3.

Kansas House of Representatives

Voted on February 5, 2025

Votes Required to Pass: 84
	Yes	No	NV
Total	90	28	7
Total %	72.0%	22.4%	5.6%
Democratic (D)	3	28	6
Republican (R)	87	0	1

Kansas State Senate

Voted on March 25, 2025

Votes Required to Pass: 27
	Yes	No	NV
Total	37	3	0
Total %	92.5%	7.5%	0.0%
Democratic (D)	6	3	0
Republican (R)	31	0	0

How to cast a vote

See also: Voting in Kansas

See below to learn more about current voter registration rules, identification requirements, and poll times in Kansas.

How to vote in Kansas

Poll times

Unless otherwise set by the county, polls in Kansas open at 7:00 a.m. and close at 7:00 p.m. Central time (6:00 a.m. to 6:00 p.m. Mountain time). Counties are given the discretion to open polls as early as 6 a.m. and close polls as late as 8 p.m. Central time (5 a.m. to 7 p.m. Mountain time). Polls must be open for a minimum of 12 consecutive hours and may not close before 7 p.m. Central time (6 p.m. Mountain time). An individual who is in line at the time polls close must be allowed to vote.

Registration

Check your voter registration status here.

To vote in Kansas, one must be a citizen of the United States and a resident of Kansas. In order to register, an individual must be least 18 years old before the next election. Voters must register at least 21 days prior to Election Day. Registration can be done by completing and returning an application, either in person or by mail. Registration may also be completed online.

On June 18, 2018, a federal judge struck down a Kansas law requiring citizens to present proof of citizenship when registering to vote. A federal appeals court subsequently affirmed that decision. For more information, see below.

Automatic registration

Kansas does not practice automatic voter registration.

Online registration

See also: Online voter registration

Kansas has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

Kansas does not allow same-day voter registration.

Residency requirements

To register to vote in Kansas, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Kansas does not require voters to provide proof of citizenship at the time of voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, an applicant who provides false information "may be convicted and sentenced to up to 17 months in prison."

A Kansas state law that went into effect in 2013 required voters to provide proof of U.S. citizenship when registering to vote. However, the provision was challenged in court and on June 18, 2018, Judge Julie Robinson, of the United States District Court for the District of Kansas, struck down the proof of citizenship requirement and ordered Secretary of State Kris Kobach (R) to stop enforcing the rule. On June 20, 2018, Kobach’s office advised county clerks to comply with Robinson’s order. Kobach appealed the decision to the United States Court of Appeals for the Tenth Circuit, which heard oral arguments on March 18, 2019. On April 29, 2020, a Tenth Circuit panel affirmed the district court's ruling.

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The site Voter View, run by the Kansas Secretary of State office, allows residents to check their voter registration status online.

Voter ID requirements

Kansas requires voters to present photo identification while voting.

Voters can present the following forms of identification:

• Driver's license or nondriver's identification card issued by Kansas or by another state or district of the United States
• Concealed carry of handgun license issued by Kansas or a concealed carry of handgun or weapon license issued by another state or district of the United States
• United States passport
• Employee badge or identification document issued by a municipal, county, state, or federal government office
• Military identification document issued by the United States
• Student identification card issued by an accredited postsecondary institution of education in the state of Kansas
• Public assistance identification card issued by a municipal, county, state, or federal government office
• Identification card issued by an Indian tribe

A photo ID does not need to have an expiration date, but, if it does have an expiration date, it must not have expired at the time of voting. If the voter is over the age of 65, he or she can use an expired ID.

The following voters are exempt from providing photo ID:

• Military and overseas citizens who vote under the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA)
• Voters who vote in mail ballot elections, which are limited to local jurisdictions holding special question-submitted elections
• Voters who are accepted to the permanent advance voting list
• Any voter who objects to having his or her photo taken because of his or her religious beliefs. The voter can complete and sign the Declaration of Religious Objection form.

Voters who do not have a photo ID can obtain one for free through the Division of Vehicles, Kansas Department of Revenue. The voter must provide proof of identity and proof of residence. The voter must also sign an affidavit. Voters can access the Certification Requesting Fee Waiver for Nondriver Identification Card form at all driver's license offices, county election offices, and on the secretary of state's website. If a voter does not have the proper documents to obtain a nondriver ID card, he or she can obtain a Kansas birth certificate from the Kansas Office of Vital Statistics for free. Voters can also apply for a free State Voter Identification Document. Voters should contact the election division of the secretary of state's office at election@sos.ks.gov or (800) 262-VOTE to apply.

See also

2026 measures

• 2026 ballot measures
• Suffrage on the ballot

Kansas

• Kansas ballot measures
• Kansas ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Full text

Footnotes

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