Texas Proposition 16, Citizenship Voting Requirement Amendment (2025)
| Texas Proposition 16 | |
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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 |
Texas Proposition 16, the Citizenship Voting Requirement Amendment, is on the ballot in Texas as a legislatively referred constitutional amendment on November 4, 2025.[1][2]
A "yes" vote supports amending the Texas Constitution to provide that "persons who are not citizens of the United States" cannot vote in Texas. |
A "no" vote opposes amending the Texas Constitution to provide that "persons who are not citizens of the United States" cannot vote in Texas. |
Overview
How would the amendment change voting requirements in Texas?
- See also: Text of measure
The amendment would add noncitizens to the list of persons excluded from voting in the state found in Section 1 of Article 6 of the Texas Constitution. The list currently includes persons under the age of 18, those determined by a court to be mentally incompetent, and convicted felons subject to any exceptions by the state legislature.[2]
Currently, under state law, voters must attest to being a citizen when registering to vote. It is a second-degree felony for a noncitizen to vote in the state under the law.[3]
Adding the citizenship requirement to the state constitution would make changing the requirement more difficult in the future. Instead of passing a law to change the requirement, it would require a two-thirds vote in the legislature and voter approval of another constitutional amendment.
Is noncitizen voting allowed in the U.S.?
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 May 2025, Washington, D.C., and municipalities in three states—California, Maryland, and Vermont—allowed noncitizens to vote in local elections. To see a map where noncitizen voting is explicitly prohibited in the U.S., click here.[4]
Have other states decided on similar amendments?
Fourteen states have approved amendments related to adding language about citizenship requirements for voting, including three citizen-initiated measures. In 2026, voters in Arkansas, Kansas, and South Dakota will decide on similar amendments.
From 2020 to the present, 16 state legislatures have 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 (2024), Oklahoma (2024), and Wisconsin (2024) to 100% in Alabama (2020) and Iowa (2024).
Text of measure
Ballot title
The ballot title is as follows:[2]
| “ | The constitutional amendment clarifying that a voter must be a United States citizen.[5] | ” |
Constitutional changes
- See also: Article 6, Texas Constitution
The measure would amend Section 1 of Article 6 of the Texas Constitution. The following underlined text would be added, and struck-through text would be deleted:[2]
(a) The following classes of persons shall not be allowed to vote in this State:
(1) persons under 18 years of age;
(2) persons who have been determined mentally incompetent by a court, subject to such exceptions as the Legislature may make; and
(3) persons convicted of any felony, subject to such exceptions as the Legislature may make; and
(4) persons who are not citizens of the United States.
(b) The legislature shall enact laws to exclude from the right of suffrage persons who have been convicted of bribery, perjury, forgery, or other high crimes.[5]
Support
Supporters
Officials
- Gov. Greg Abbott (R)
Political Parties
Organizations
Arguments
Opposition
Opponents
Political Parties
- Democratic Party of Texas
- Libertarian Party of Texas
Organizations
Arguments
You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.
Campaign finance
Ballotpedia has not identified any committees registered to support or oppose the measure. If you are aware of a committee registered to support or oppose this amendment, 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
In 1896, Texas voters approved Proposition 2 by a vote of 83.9% to 16.1% to authorize foreign-born men to vote in state elections if they declare their intent to become U.S. citizens at least six months before an election. Before Proposition 2, the state constitution allowed foreign-born men to vote if they declared their intent to become U.S. citizens at any time before the election. Proposition 2 established the six-month deadline.[6]
In 1919, Texas voters defeated an amendment that would have required citizenship to vote. The amendment stated that "every person, male or female, subject to no constitutional disqualifications who shall have attained the age of twenty-one years and who shall be a citizen of the United States and who shall reside in this State one year next preceding an election and the last six months within the district or county in which he offers to vote, shall be deemed a qualified elector." It was defeated by a margin of 45.9% in favor to 54.1% opposed.[7]
In 1921, Texas voters repealed Proposition 2 with the approval of Proposition 1. It was approved by a margin of 51.7% to 48.3%. Proposition 1 removed references to foreign-born electors from section 2 of Article 6 of the state constitution, effectively repealing their authorization to vote. The amendment also replaced male-specific language with gender-neutral terms regarding suffrage; authorized the legislature to allow absentee voting; allowed a person to pay their spouse’s poll tax and provide that this payment qualifies the spouse to vote; and allowed voters to cast a ballot without a poll tax receipt by submitting a sworn affidavit if the receipt was lost.[8]
Texas Senate Joint Resolution 35 (2023)
During the 2023 legislative session, an amendment proposing the same language as the 2025 amendment was rejected by the state House. A two-thirds (66.67%) vote is required during one legislative session for the state Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 100 votes in the state House and 21 votes in the state Senate, assuming no vacancies. The Senate approved Senate Joint Resolution 35 (SJR 35) by a vote of 29-1, with one senator absent. The House defeated SJR 35 by a vote of 88-0, with 54 members present and not voting and seven absent. Six Democrats joined the Republican majority in supporting the amendment. [9]
In 2025, the amendment was reintroduced as Senate Joint Resolution 37 (SJR 37). On April 1, the Senate passed it by a vote of 28-3, with all 20 Senate Republicans voting in favor. Of 11 Senate Democrats, eight voted in favor and three voted against. Sen. Sarah Eckhardt (D-14), who cast the only vote against the amendment in the Senate in 2023, was joined in 2025 by Sens. Roland Gutierrez (D-19) and Molly Cook (D-15) in voting against it.[1]
The House approved SJR 37 by a vote of 102-14, with 22 members present and not voting and 12 absent. Two Democrats—Reps. Richard Raymond (D-42) and Robert Guerra (D-41)—voted in favor of the amendment in both 2023 and 2025. Thirteen other Democrats who voted “yes” in 2025 had been present but did not vote in 2023. Rep. Nicole Collier (D-95), who supported the amendment in 2023, was present but did not vote in 2025.[1]
Below is a table comparing how Democrats who voted “yes” or “no” in 2025 voted in 2023.
Voting in Texas
- See also: Voting in Texas
- Check your voter registration status here.
To register to vote in Texas, an applicant must be a United States citizen, a resident of the county in which he or she is registering, and at least 17 years and 10 months old.[10]
The deadline to register to vote is 30 days before the election. Prospective voters can request a postage-paid voter registration form online or complete the form online and return it to the county voter registrar. Applications are also available at a variety of locations including the county voter registrar’s office, the secretary of state’s office, libraries, and high schools. Voter registration certificates are mailed to newly registered voters.[11]
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.[4]
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.”[12]
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 Texas Constitution
- See also: Amending the Texas Constitution
A two-thirds (66.67%) vote is required during one legislative session for the Texas State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 100 votes in the Texas House of Representatives and 21 votes in the Texas State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Senate Joint Resolution 37 (2025)
The following is the timeline of the constitutional amendment in the state legislature:[1]
- January 22, 2025: Senate Joint Resolution 37 was filed.
- April 1, 2025: The state Senate passed SJR 37 by a vote of 28-3.
- May 12, 2025: The state House passed SJR 37 by a vote of 102-14.
Learn more about the ballot measures PDI →
| Votes Required to Pass: 20 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 28 | 3 | 0 |
| Total % | 90.3% | 9.7% | 0.0% |
| Democratic (D) | 8 | 3 | 0 |
| Republican (R) | 20 | 0 | 0 |
| Votes Required to Pass: 100 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 102 | 14 | 34 |
| Total % | 68.0% | 9.3% | 22.7% |
| Democratic (D) | 15 | 14 | 33 |
| Republican (R) | 87 | 0 | 1 |
How to cast a vote
- See also: Voting in Texas
See below to learn more about current voter registration rules, identification requirements, and poll times in Texas.
See also
View other measures certified for the 2025 ballot across the U.S. and in Texas.
Explore Texas's ballot measure history, including constitutional amendments.
Understand how measures are placed on the ballot and the rules that apply.
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Texas State Legislature, "SJR 37," accessed April 2, 2025
- ↑ 2.0 2.1 2.2 2.3 Texas State Legislature, "SJR 37 text," accessed April 2, 2025 Cite error: Invalid
<ref>tag; name "Text" defined multiple times with different content - ↑ Texas Statutes, "Election Code. Title 2," accessed May 19, 2025
- ↑ 4.0 4.1 Cornell Law School, "18 U.S. Code § 611 - Voting by aliens," accessed March 26, 2020
- ↑ 5.0 5.1 5.2 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 Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ Texas State Legislature, "House Joint Resolution 32," accessed May 28, 2025
- ↑ Texas State Legislature, "Senate Joint Resolution 7," accessed May 28, 2025
- ↑ Texas State Legislature, "Senate Joint Resolution 1," accessed May 28, 2025
- ↑ Texas State Legislature, "SJR 35 Overview," accessed March 28, 2023
- ↑ Texas Secretary of State, “Request for Voter Registration Applications,” accessed February 27, 2023
- ↑ Texas Secretary of State, “Voter Registration,” accessed February 27, 2023
- ↑ Reuters, "New York judge rules law allowing noncitizens to vote for mayor is unconstitutional," June 27, 2022
- ↑ VoteTexas.gov, "Who, What, Where, When, How," accessed February 27, 2023
- ↑ Texas Secretary of State, “Request for Voter Registration Applications,” accessed February 27, 2023
- ↑ Texas Secretary of State, “Voter Registration,” accessed February 27, 2023
- ↑ 16.0 16.1 16.2 NCSL, "State Profiles: Elections," accessed July 28, 2024
- ↑ Texas Secretary of State, "Request for Voter Registration Applications," accessed July 28, 2024
- ↑ Texas Constitution and Statutes, “Election Code,” accessed February 23, 2023
- ↑ The Texas Tribune, “Texas officials flag tens of thousands of voters for citizenship checks,” January 25, 2019
- ↑ The New York Times, “Federal Judge Halts ‘Ham-Handed’ Texas Voter Purge,” February 28, 2019
- ↑ The New York Times, “Texas Ends Review That Questioned Citizenship of Almost 100,000 Voters,” April 26, 2019
- ↑ Texas Secretary of State, “Secretary Whitley Announces Settlement In Litigation On Voter Registration List Maintenance Activity,” April 26, 2019
- ↑ 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."
- ↑ 24.0 24.1 24.2 24.3 24.4 Texas Secretary of State, "Required Identification for Voting in Person," accessed February 27, 2023 Cite error: Invalid
<ref>tag; name "tvid" defined multiple times with different content
