CHARLESTON – With just more than two weeks remaining in the 2025 west Virginia legislative session, two resolutions that would amend the state Constitution to ensure only United States citizens vote in state elections are languishing in committee.
Senate Joint Resolution 8 is awaiting action in the Senate Finance Committee after being passed by the Senate Judicial Committee. And House Joint Resolution 13 is sitting in the House Rules Committee after being passed by the House Judicial Committee.
The resolutions would modify Section 1, Article IV of the state Constitution to prohibit persons not United States citizens from voting in any election held within the state. The resolution would have to be adopted by both houses by a two-thirds vote to be put before voters in the 2026 general election. Last year, the resolution passed the House on a 96-0 vote and the Senate on a 32-0 vote.
Kolean
| File photo
But the House measure died on the final night of the session because of a technical glitch in the Legislature’s bill tracking system that temporarily showed the measure as being completed. By the time the problem was realized, it was too late for it and a host of other measures to be taken across the finish line because of a Democratic filibuster.
“We’re determined to see this pass this session,” Charlie Kolean with Americans for Citizen Voting told The West Virginia Record. “It’s very unfortunate what happened last time. We hope this issue doesn’t become a victim to the process again this time. …
“West Virginia needs to act now. This was basically voted for by everyone in the Legislature last session. And, West Virginia is Trump country. Securing the election is a big theme in the Legislature this session, and President Trump just signed an executive order securing elections.
“West Virginia legislative leaders have the opportunity to deliver to voters what they want. They don’t want to miss this opportunity.”
Sen. Patricia Rucker (R-Jefferson) is the lead sponsor of SJR 8.
"As far as I know ... it appears to not be on the agenda to run," Rucker told The Record. "I am not sure why as it had overwhelming support last year, and only died due to running out of time on the last day of session.
"Unfortunately, there appears to be little discussion on what constitutional amendments are a priority and there were many proposed. I still believe this is an important Amendment and would be popular with our citizens."
Delegate Scot Heckert (R-Wood) is the lead sponsor of HJR 13.
“The purpose of this resolution is just codifying in conjunction with what the federal law is in the State of West Virginia,” Heckert said previously. “That’s pretty simple. We did it last year. It passed overwhelmingly both in the House and the Senate. We just ran out of time on the last day.”
In recent years, Americans for Citizen Voting has worked to have similar measures adopted in states. Last November, eight states – including Kentucky – passed laws to keep non-citizens from voting. Last summer, the U.S. House of Representatives passed a bill requiring U.S. residents to show proof of citizenship to vote, but the Senate has not taken the bill up yet.
Currently, 20 state have laws to make sure only American citizens can vote in that state.
“Americans for Citizen Voting supports clear constitutional provisions that ensure citizen only voting,” Joe Reidy, vice president of public affairs for Three Point Strategies, told The Record. “We believe that HJR13 & SJR8 achieve that goal.
“Twenty states already have similar constitutional provisions. At least 11 states are actively considering legislation.”
Reidy said HJR13 is the bill that “all but passed last year.”
“It wasn’t controversial then, and it isn’t controversial now,” Reidy said.
Critics of the measure say it isn’t needed because state code already ensures only citizens can vote in West Virginia.
“State code already states that non-citizens can’t vote,” Dave Cook, general counsel with the West Virginia Secretary of State’s office, told The Record. “In other words, they can’t register to vote, and you have to be registered to vote in West Virginia.
“What the amendment does basically is eliminate any ambiguity. It clarifies things to include you have to be a citizen of the United States, not just a citizen of West Virginia, to vote. It would prevent future legislatures from modifying the code. There’s a loophole in the constitution someone could exploit, and this amendment would close that loophole.”
While there are no known instances of non-citizens voting in West Virginia, Cook did say there could be a slim argument that a municipality with a home rule program could allow non-citizens to vote in municipal elections, but not in state or federal elections.
“The joint resolution would close any possible loopholes,” Cook said. “And besides, our office enforces the code anyway.”
Reidy agreed.
“There is non-citizen voting happening around the country,” he said. “We want to ensure that doesn’t happen in West Virginia. We believe this is the most certain tool to ensure that never happens.
“Last year, it wasn’t an issue. We’re here to make sure it doesn’t fail in the same way it did last year. We just want to shepherd it along. Like so many issues, the Legislature constantly is looking at what other states are doing.
“Maryland has a number of cities that promote non-citizen voting. It happens there. We believe this constitutional amendment will ensure only American citizens are given the right to vote in West Virginia.”
And, Reidy said those behind the bill want to make sure it doesn’t get lost in the shuffle on the last night of the session again.
“We want to get it passed early this time,” he said. “Nobody wants to be sitting there looking for something at 11:59 on that last night.”