West Virginia Citizenship Voting Requirement Amendment (2026)

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

A "yes" vote supports providing that only U.S. citizens may vote in elections.

A "no" vote opposes providing that only U.S. citizens may vote in elections.

Overview

What would this amendment change about voter qualifications?

See also: Text of measure

The amendment was designed to prohibit noncitizens from voting in West Virginia. The amendment would change the wording in the West Virginia Constitution from saying "Citizens of the state shall be entitled to vote" to "only citizens of the state who are citizens of the United States are entitled to vote."

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, including elections for the U.S. House, U.S. Senate, and presidential elections. This does not apply to elections at the state and local levels.

Twenty-one municipalities across the country allowed noncitizens to vote in local elections. Sixteen were located in Maryland, three were located in Vermont, and two were located in California. Noncitizens are also permitted to vote in Washington D.C.

What do other state constitutions say about noncitizen voting?

See also: State constitutions on voting and citizenship

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 voted on similar measures?

See also: Background

From 2018 to 2025, voters decided on 15 ballot measures related to adding language about citizenship requirements for voting. Voters approved all 14 measures. Similar measures were also certified for the 2026 ballot in Arkansas, Kansas, and South Dakota.

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).

Text of measure

Constitutional changes

See also: Article IV, West Virginia Constitution

The ballot measure would add Section 1 to Article IV of the West Virginia Constitution. The following underlined text would be added and struck-through text would be deleted:

Note: Hover over the text and scroll to see the full text.

§1. Elections and Officers.

Only citizens of the state who are citizens of the United States shall be are entitled to vote at all elections held within the counties in which they respectively reside; but no a person who is a minor, or who has been declared mentally incompetent by a court of competent jurisdiction, or who is under conviction of treason, felony, or bribery in an election, or who has not been a resident of the state and of the county in which he or she offers to vote, for thirty 30 days next preceding such offer, shall be permitted to may not vote while such disability continues; but no a person in the military, naval, or marine service of the United States shall be deemed not be considered a resident of this state by reason of being stationed therein in this state.

Support

Supporters

Officials

• State Sen. Trenton Barnhart (R)
• State Sen. Charles Clements (R)
• State Sen. Amy Nichole Grady (R)
• State Sen. Craig Hart (R)
• State Sen. Mark Maynard (Nonpartisan)
• State Sen. Rollan Roberts (R)
• State Sen. Chris Rose
• State Sen. Patricia Rucker (R)
• State Sen. Randy E. Smith (R)
• State Sen. Eric Tarr (R)
• State Sen. Jay Taylor (R)
• State Sen. Darren Thorne (R)
• State Sen. Laura Wakim Chapman (R)
• State Del. Joe Funkhouser (R)

Organizations

• American Legislative Exchange Council
• Americans for Tax Reform

Arguments

• Charlie Kolean, state director of Americans for Citizen Voting: "There is broad agreement that only U.S. citizens should vote in West Virginia elections. This is a straightforward, commonsense issue. The people of West Virginia now have the opportunity to enshrine citizens-only voting in their Constitution … Only American citizens should vote in West Virginia’s elections. Nearly 80 percent of Americans agree that voting should be limited to U.S. citizens. This is commonsense, it’s popular and it’s strengthens trust in our elections and our Republic."
• Katherine T. Bennett, Process & Procedures Task Force Director of the American Legislative Exchange Council: "In general, this isn’t a controversial issue with the American people. We already bar foreign nationals from contributing to political campaigns and funding different ballot measures. It makes sense that only West Virginians get to vote in West Virginia elections. This is not controversial, and it should not be a partisan issue. We support efforts like this to make sure all elections are safe and secure, especially this year with such an important midterm election."
• State Sen. Mark Maynard (R-6): "Requiring voters to be U.S. citizens ensures that the people making decisions about our government are those who are permanent members of our nation and communities. Individuals who are in the country temporarily — such as those on work visas or green cards — or those who are not legally present may not remain here long-term to experience the benefits or consequences of the policies enacted."
• State Del. Joe Funkhouser (R-98): "Federal law does require citizenship in order to vote in federal elections. But this law does not apply to state and local elections, and 18 other states actually have a clear prohibition on non-citizen voting. West Virginia is not one of them. Unless the state Constitution specifically states that only citizens can vote, the possibility of non-citizens legally voting exists. Currently in West Virginia, non-citizens can be permitted to vote in local elections. The passage of this resolution is the first step to ensure that U.S. citizenships have the right to vote in elections across West Virginia."
• Americans for Tax Reform: "Non-citizens are currently permitted to vote in state and local elections in many states around the country. Without an explicit guarantee against the practice outlined in the constitution, West Virginia voters are at risk in both and local elections if the legislature ever chose to revise the statutory prohibition approved just last year. Statutes are fickle; constitutional status is far more immutable."

Opposition

Ballotpedia has not located a campaign in opposition to the ballot measure. You can share campaign information or arguments, along with source links for this information, with us at editor@ballotpedia.org.

Campaign finance

See also: Campaign finance requirements for West Virginia ballot measures

Ballotpedia did not identify ballot measure committees registered to support or oppose the ballot 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 West Virginia

See also: Voting in West Virginia

Check your voter registration status here.

To vote in West Virginia, an individual must be a citizen of the United States, a resident of West Virginia, and at least 18 years of age by the date of the next general election.

The registration deadline is 21 days prior to an election. An individual may register to vote by submitting a form by mail to his or her county clerk's office or the Secretary of State's Office. Registration can be completed online, in person at the county clerk's office, the Secretary of State's office, the Department of Motor Vehicles, any public assistance office, any agency that serves people with disabilities, any marriage license office, or any military recruiting agency.

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. In 32 states, constitutional language discussing citizenship says who can vote (e.g. "every citizen" or "all citizens"), but does not state that noncitizens cannot vote as of November 2025. In 18 states—Alabama, Arizona, Colorado, Florida, Idaho, Iowa, Kentucky, Louisiana, Missouri, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, Texas, 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 2025, voters decided on 15 ballot measures related to adding language about citizenship requirements for voting. Voters approved all 15 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	Approved
West Virginia	2026	West Virginia Citizenship Voting Requirement Amendment	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 West Virginia Constitution

See also: Amending the West Virginia Constitution

A two-thirds vote is required during one legislative session for the West Virginia State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 67 votes in the West Virginia House of Representatives and 23 votes in the West Virginia State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

Senate Joint Resolution 9 (2026)

• January 14, 2026: The measure, Senate Joint Resolution 9, was introduced by Sen. Patricia Rucker (R) in the House.
• March 3, 2026: The Senate approved the measure in a vote of 33-0, with one member not voting. Two (2) Democrats and 31 Republicans voted yes; one Republican did not vote.
• March 11, 2026: The House Judiciary Committee amended the measure.
• March 13, 2026: The House approved the measure in a vote of 97-0, with two members not voting. Nine (9) Democrats and 88 Republicans voted yes; two Republicans did not vote.
• March 14, 2026: The Senate approved the measure in a vote of 34-0. Two (2) Democrats and 32 Republicans voted yes.

Partisan Direction Index = 0.0% (Bipartisan)

Democratic Support

100.0%

Republican Support

100.0%

How does this vote compare to other legislative ballot measures in 2026?
Learn more about the ballot measures PDI →

West Virginia House of Representatives

Voted on March 13, 2026

Votes Required to Pass: 67
	Yes	No	NV
Total	97	0	2
Total %	98%	0%	2%
Democratic (D)	9	0	0
Republican (R)	88	0	2

West Virginia State Senate

Voted on March 14, 2026

Votes Required to Pass: 23
	Yes	No	NV
Total	34	0	0
Total %	100%	0%	0%
Democratic (D)	2	0	0
Republican (R)	32	0	0

How to cast a vote

See also: Voting in West Virginia

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

How to vote in West Virginia

Poll times

In West Virginia, all polling places are open from 6:30 a.m. to 7:30 p.m. Eastern Time. A voter who is in line at the time polls close must still be permitted to vote.

Registration

Check your voter registration status here.

To vote in West Virginia, an individual must be a citizen of the United States, a resident of West Virginia, and at least 18 years of age by the date of the next general election.

The registration deadline is 21 days prior to an election. An individual may register to vote by submitting a form by mail to his or her county clerk's office or the Secretary of State's Office. Registration can be completed online, in person at the county clerk's office, the Secretary of State's office, the Department of Motor Vehicles, any public assistance office, any agency that serves people with disabilities, any marriage license office, or any military recruiting agency.

Automatic registration

See also: Automatic voter registration

West Virginia automatically registers eligible individuals to vote through the Department of Motor Vehicles.

Online registration

See also: Online voter registration

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

Same-day registration

See also: Same-day voter registration

West Virginia does not allow same-day voter registration.

Residency requirements

An individual must have resided in the state for at least 30 days of residency before they may vote.

Verification of citizenship

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

West Virginia does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury.

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. Six states — Alabama, Arizona, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring individuals provide proof of citizenship at the time of voter registration, whether in effect or not. Two states, Georgia and Mississippi, require a person provide proof of citizenship if their citizenship status cannot be verified by other means. One state, Ohio, requires proof of citizenship only when registering to vote at a Bureau of Motor Vehicles facility. 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 West Virginia Secretary of State's office allows residents to check their voter registration status online by visiting this website.

Voter ID requirements

West Virginia requires voters to present identification while voting. The identification provided must be issued either by the State of West Virginia, or one of its subsidiaries, or by the United States government.

Signed into law in 2025, HB 3016 established that a document was valid if it:

• Has been issued either by the State of West Virginia, one of its political subdivisions or instrumentalities, or by the United States Government;
• Contains the name of the person desiring to vote; and
• Contains a photograph of the person desiring to vote. Provided that a driver’s license or identification card issued in accordance with §17B-2-1(f)(4) of the West Virginia code that does not contain a photograph of the person desiring to vote is a valid identifying document.

State law enumerates the following identifications that an individual may use to vote:

• A valid West Virginia driver’s license or valid West Virginia identification card issued by the West Virginia Division of Motor Vehicles, including a driver’s license or identification card issued in accordance with §17B-2-1(f)(4) of the West Virginia code
• A valid driver’s license issued by a state other than the State of West Virginia
• A valid United States passport or passport card
• A valid employee identification card with a photograph of the eligible voter issued by any branch, department, agency, or entity of the United States Government or of the State of West Virginia, or by any county, municipality, board, authority, or other political subdivision of West Virginia
• A valid student identification card with a photograph of the eligible voter issued by an institution of higher education in West Virginia, or a valid high school identification card issued by a West Virginia high school
• A valid military identification card issued by the United States with a photograph of the person desiring to vote
• A valid voter registration card that includes the voter’s photograph issued by a county clerk in the State of West Virginia or the Secretary of State. The county clerk or the Secretary of State may not charge or collect a fee for the application or issuance of a voter registration card that includes the voter’s photograph

Lastly, state law provided for the following exceptions and alternative methods of verifying a voter's identity:

• Any expired document identified above is a valid identifying document if presented by a registered voter 65 years of age or older, provided that the identifying document was not expired on the registered voter’s 65th birthday.
• In lieu of providing a valid identifying document a registered voter may be accompanied at the polling place by an adult known to the registered voter for at least six months. That adult may sign an affidavit on a form provided to clerks and poll workers by the Secretary of State, which states under oath or affirmation that the adult has known the registered voter for at least six months, and that in fact the registered voter is the same person who is present for the purpose of voting. For the affidavit to be considered valid, the adult shall present a valid identifying document with his or her name, address, and photograph.
• A poll worker may allow a voter, whom the poll worker has known for at least six months, to vote without presenting a valid identifying document.
• If the person desiring to vote is unable to furnish a valid identifying document, or if the poll clerk determines that the proof of identification presented by the voter does not qualify as a valid identifying document, the person desiring to vote shall be permitted to cast a provisional ballot after executing an affidavit affirming his or her identity.

Voters can obtain a free voter ID card at their county clerk’s office.

See also

2026 measures

• 2026 ballot measures
• Citizenship voting requirements on the ballot

West Virginia

• West Virginia ballot measures
• West Virginia ballot measure laws

News and analysis

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

External links

• Senate Joint Resolution 9 (2026)

Footnotes

2026 ballot measures

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