Amendment 1: Citizenship requirement to voteOnly U.S. citizens may vote, written into the state constitution
Read the full text of the measure: Enrolled Committee Substitute for SJR 9 (West Virginia Legislature)
In plain words
West Virginia law already says only U.S. citizens can vote. The state constitution's voting section says "citizens of the state" can vote, but it does not say U.S. citizens. This amendment adds the words, so only another statewide vote could change the rule. It would also stop any city from letting people who are not citizens vote in city elections. The other rules in that section stay the same: no voting by minors, people a court has declared mentally incompetent, people under a felony, treason or election-bribery conviction, or people who have not lived in the state and county for 30 days. (newsfromthestates.com )
Before and after
| Question | Today | If it passes |
|---|---|---|
| What the constitution says about who can vote | “Citizens of the state” (from Ballotpedia; not checked against the current constitution) | “Only citizens of the United States who are citizens of this state shall be entitled to vote” (enrolled resolution) |
| People who are not U.S. citizens voting in state elections | Not allowed (state law) | Not allowed (state law and the constitution) |
| Could lawmakers change the rule with a regular bill? | Yes, it is in state law only | No, it would take another statewide vote |
| Could a city let people who are not citizens vote in city elections? | The constitution does not say | No |
| Other limits (minors, felony, 30 days' residence) | In the constitution | In the constitution (same) |
Numbers from the official ballot title (ballot title ); also see (ballotpedia.org )
Biggest change
- Adds "who are citizens of the United States" to the constitution's rule on who can vote. source: ballotpedia.org
- Moves the U.S.-citizen-only voting rule from state law alone into the constitution, so a future Legislature could not undo it with a regular bill. source: newsfromthestates.com
Who it affects most: People who are not U.S. citizens, who already cannot vote under state law. For U.S. citizens who are registered, nothing changes about how you vote.
Cost to the state: Unknown. No cost estimate was found.
Our plain-words summary. Every line points to its source.
What your vote means
The constitution will say only U.S. citizens who are West Virginia citizens may vote, so only another statewide vote could change that.
The constitution keeps saying "citizens of the state" may vote, and the U.S.-citizen rule stays in state law, which lawmakers can change.
Our one-line summary. West Virginia does not publish an official "what your vote means" statement; the ballot title above is the official description.
Why people want it, and why others object
Why this is on the ballot
The Legislature put this on the ballot. It changes the state constitution, so only another statewide vote can change it back. It passes with a simple majority of the votes cast on it.
- Sen. Patricia Rucker (R-Jefferson), a naturalized citizen, introduced Senate Joint Resolution 9 on Jan. 14, 2026. source: ballotpedia.org
- The House passed it 97-0 on March 13, 2026, and the Senate gave final approval 34-0 on March 14, 2026. source: wvlegislature.gov
- A constitutional amendment in West Virginia needs two-thirds of each chamber of the Legislature to reach the ballot and does not need the governor's signature. source: news.ballotpedia.org
- West Virginia is one of several states voting on a citizen-only voting amendment in 2026, along with Arkansas, Kansas and South Dakota. source: news.ballotpedia.org
- Secretary of State Kris Warner's office takes no position on ballot measures. Warner has said his office knows of no noncitizens on West Virginia's voter rolls. source: wvpublic.org
- Rucker said she knows of no noncitizens charged with illegally voting in state elections, but said she met registered voters while canvassing who were not U.S. citizens and had signed up by mistake, for example at the DMV. source: newsfromthestates.com
Why supporters want it
- Sen. Patricia Rucker (R-Jefferson), lead sponsor: "West Virginia already has in code that only citizens can vote in elections, but that isn't enough." Rucker says the amendment keeps a future Legislature from changing the rule with a simple bill. source: newsfromthestates.com
- Sen. Mark Maynard (R-6th District), a co-sponsor: "Voting is a fundamental part of self-government." Maynard argues voting decisions should rest with citizens who have a lasting stake in the country. source: news.ballotpedia.org
- Jack Tomczak of Americans for Citizen Voting says the amendment would also stop cities from letting noncitizens vote: "In every state, it has passed with overwhelming support." source: newsfromthestates.com
Why opponents object
- The League of Women Voters of West Virginia calls the amendment "completely unnecessary." source: newsfromthestates.com
- Julie Archer of the West Virginia Citizen Action Group says it "perpetuates long-debunked conspiracy theories" and that the state's election process already has strong safeguards. source: newsfromthestates.com
- Del. Mike Pushkin (D-Kanawha) said the resolution "doesn't actually change anything" and that lawmakers should focus on issues such as school aid funding. source: news.ballotpedia.org
Who backs each side
- For: Republican sponsors in the Legislature, Americans for Citizen Voting, the American Legislative Exchange Council (ALEC) and Americans for Tax Reform. Against: the League of Women Voters of West Virginia and the West Virginia Citizen Action Group. Ballotpedia found no ballot measure committee for either side and $0 in reported contributions. source: ballotpedia.org
In each side's own words where we could find them, quoted or summarized with a link to the source. We don't endorse either side.
What you will see on your ballot
Official ballot wording, word for word (tap to open)
The official ballot title, word for word from the Secretary of State's official sample ballot .
Amendment No. 1: Citizenship Requirement to Vote in West Virginia Elections
Summary of Purpose: This amendment provides that in all elections held in West Virginia only citizens of the United States who are citizens of this state are qualified to vote.
FOR
AGAINST
Checked word for word, Oct 15 2026, against the title and "Summary of Purpose" printed on 51 of the 55 official county sample ballots (all but Berkeley, McDowell, Putnam and Raleigh, whose ballots we do not have yet). The Summary of Purpose reads the same on all 51. The title reads "Amendment No. 1" on 47; four counties (Monroe, Pleasants, Ritchie, Roane) print "Amendment 1" without "No.". The ballot also prints voting instructions (darken the oval next to FOR or AGAINST).
Latest news
Recent reporting from a range of outlets, newest first. We link to it; we don't endorse it.
No articles collected yet for this measure.
Full text of the measure
Word for word from the Enrolled Committee Substitute for Senate Joint Resolution 9 (2026 Regular Session, adopted March 14, 2026), which amends Article IV, Section 1 of the West Virginia Constitution (§1. Elections and Officers) to read: “Only citizens of the United States who are citizens of this state shall be entitled to vote at all elections held within the counties in which they respectively reside; but 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 30 days next preceding such offer, shall not be permitted to vote while such disability continues; and, a person in the military, naval, or marine service of the United States shall not be deemed a resident of this state by reason of being stationed therein.” The resolution numbers the amendment “Amendment 1” and calls it the “Citizenship Requirement to Vote in West Virginia Elections Amendment.” The “Today” column of the before-and-after table below is from Ballotpedia and has not been checked against the current text of the constitution. Read it in the West Virginia Legislature, Enrolled Committee Substitute for SJR 9 .
Read more
- Secretary of State: official Nov. 3, 2026 sample ballot (Kanawha County, PDF)
- West Virginia Watch: voters will decide citizen-only voting amendment
- WVPB: Secretary of State formally announces ballot amendment
- Ballotpedia: Citizenship Voting Requirement Amendment (2026)
We link to analysis from several sources; we don't endorse it.