Dear Editor:
During the 2026 WV Legislative Session, Senate Joint Resolution Nine (also known as Citizenship Requirement to Vote), a proposal to amend language in Article 4 Section 1 of the West Virginia Constitution, passed both houses unanimously.
For the upcoming November 2026 election Amendment 1: Citizenship Requirement to Vote in West Virginia Elections Amendment will appear on voter’s ballots.
The proposed amendment modifies Article 4 Section 1 of the West Virginia Constitution, which addresses who is eligible to vote in West Virginia. The current wording of Article 4 Section 1 states “ The citizens of the state shall be entitled to vote…”, while the new language states “Only citizens of the United States who are citizens of this state shall be entitled to vote…”.
Among the reasons this amendment has no effect on voter eligibility is because the law under WV Code Section 3-2-2, titled “Eligibility to register to vote” already states- “a person must be a citizen of the United States and a legal resident of West Virginia…”. This has been state law since at least 1994 when West Virginia updated voter laws to comply with the federal National Voter Registration Act of 1993.
Federal law also makes it illegal for non-citizens to vote in federal elections. According to the Bipartisan Policy Center, federal law does not prohibit non-citizens from voting in state or local elections. However, no state allows non-citizens to vote in statewide elections. Municipalities in three states – California, Maryland, and Vermont along with Washington D.C. allow non-citizens to vote only in certain local elections such as school board and municipal elections. However, in West Virginia, the WV Code 3-1-1(c) states “a person who is not eligible or not duly registered to vote shall not be permitted to vote in any election in any subdivision of the state…”
While the proposed amendment may serve as good political theatre, its passage will have no impact on state and federal election laws that already exist. The amendment will neither remove nor add voters.
D.L. Bowles
