Referred by the Legislature
Constitutional Amendment
Voter qualifications: only United States citizens may vote
How it reads on the ballot
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.
Shall the following be adopted?
The amended text printed on the ballot. Struck-through words would be removed and underlined words would be added.
Ҥ 1. Qualifications of electors. [removed text: Every][added text: (a) No person shall be deemed a qualified elector unless such person:]
[added text: (1) Is a] citizen of the United States[removed text: who];
[added text: (2)] has attained the age of eighteen years; and[removed text: who]
[added text: (3) except as provided in subsection (b) or (c),] resides in the voting area in which[removed text: he or she][added text: such person] seeks to vote[removed text: shall be deemed a qualified elector].
[added text: (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[removed text: his or her][added text: 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[removed text: his or her][added text: 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[removed text: he or she][added text: such person] seeks to vote, if[removed text: his][added text: such person’s] new residence is in another voting area in the state of Kansas.”
What your vote does (official language)
Yes
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.
No
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.
To pass: A simple majority of those voting on the amendment (Kansas Constitution, Article 14, Section 1).
The analysis
This amendment would reword the voter qualifications section of the Kansas Constitution to say that no person is a qualified voter unless they are a United States citizen, at least 18 years old and, with limited exceptions, a resident of the area where they vote. The current section already says that every U.S. citizen who meets the age and residency rules is a qualified voter, so the two sides disagree about whether the change would have practical effects. The Legislature placed it on the November 3, 2026 ballot through House Concurrent Resolution 5004. A yes vote adds the new wording, and a no vote leaves the current wording in place.
What supporters say (the case for a yes vote)
- State Rep. Pat Proctor (R-Leavenworth), a sponsor of the amendment and the Republican candidate for Secretary of State, says recent cases of noncitizens voting show it is needed, and that enforcement deters them: "When you have laws on the books, and if you enforce those laws, it deters people from breaking the law." WIBW, Sept 22
- Proctor also said he hopes voters will be motivated "to say with one voice" to the Kansas courts "that ‘No,’ only U.S. citizens should be able to vote in our elections." WIBW, Sept 22
- Becky Arps, director of research for Americans for Citizen Voting, testified that the current constitution "does not prohibit a municipality from allowing a non-citizen to vote legally," because "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." Ballotpedia News, Mar 27, 2025
What opponents say (the case for a no vote)
- Amii Castle, a University of Kansas law and business professor, wrote in a Kansas Reflector opinion column that the amendment "is a solution in search of a problem that is statistically nonexistent," because the Kansas Constitution already gives the right to vote only to citizens. Kansas Reflector, Sept 9
- Castle also wrote that the amendment "is a pretext to require proof of citizenship to register to vote," which she argues would make registration harder for citizens without a passport, birth certificate or naturalization papers at hand, including women whose names changed through marriage or divorce. Kansas Reflector, Sept 9
- Davis Hammet of Loud Light Civic Action testified against the resolution, saying the amendment "appears to do nothing at all legally, yet it will cause confusion, inflame tensions, and distract from important conversations." Ballotpedia News, Mar 27, 2025
Neutral ground
What’s not in dispute
- The current Kansas Constitution says that every United States citizen who is at least 18 and lives in the voting area is a qualified voter. The amendment would reword this to say that no person is a qualified voter unless they are a U.S. citizen and meet the age and residency rules. Kansas Secretary of State
- The official ballot explanation says a yes vote "would clarify that only a person who is a citizen of the United States is eligible to vote in this state," and a no vote would leave the constitution’s voter qualification language unchanged. Kansas Secretary of State
- The Legislature placed the amendment on the ballot through House Concurrent Resolution 5004, which passed the House 90 to 28 on February 5, 2025 and the Senate 37 to 3 on March 25, 2025. All voting Republicans and nine Democrats voted for it, and every no vote came from a Democrat. Ballotpedia News, Mar 27, 2025
- Voters in eight states approved similar citizenship voting amendments in 2024. Ballotpedia News, Mar 27, 2025
- Kansas Attorney General Kris Kobach has filed four cases in 2026 accusing noncitizens of voting illegally. WIBW, Sept 22
Questions still open
- Whether the current wording would let a city allow noncitizens to vote in its own elections. Becky Arps of Americans for Citizen Voting argues it would, which is the main legal reason supporters give; Davis Hammet of Loud Light Civic Action says the amendment "appears to do nothing at all legally."
- Whether the amendment would lead to a proof of citizenship requirement for voter registration. Castle argues it is meant to; the amendment text itself does not mention registration documents.
- How courts would read the revised wording in future disputes over voter registration or election laws.
Publicly supporting
- State Rep. Pat Proctor (R-Leavenworth), sponsor WIBW, Sept 22
- Americans for Citizen Voting (Becky Arps, director of research; WIBW identified her in 2026 as being with Only Citizens Vote) Ballotpedia News, Mar 27, 2025
Publicly opposing
- ACLU of Kansas (opposed in the Legislature) Ballotpedia News, Mar 27, 2025
- League of Women Voters of Kansas (opposed in the Legislature) Ballotpedia News, Mar 27, 2025
- Loud Light Civic Action (Davis Hammet) Ballotpedia News, Mar 27, 2025
- Amii Castle, University of Kansas professor (Kansas Reflector opinion column) Kansas Reflector, Sept 9
For cities and counties
The voter qualifications in this section apply to all Kansas elections, including city and county elections. The sources reviewed do not identify any direct cost or change in duties for local election offices.
Note on sources: No active campaign committee for or against the amendment was found in the sources reviewed. In the Legislature, Americans for Citizen Voting testified in support, and the ACLU of Kansas, the League of Women Voters of Kansas and Loud Light Civic Action opposed it. Jennifer Day, the Democratic candidate for Secretary of State, told WIBW she neither supports nor opposes the amendment.
Reviewed September 24, 2026.
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