CHARLESTON – A resolution that would amend the state Constitution to ensure only United States citizens vote in state elections now is moving quickly.
Senate Joint Resolution 8 was passed March 31 by the Senate Finance Committee and was read for the first time on the Senate floor. The second reading is scheduled for April 1. The measure was passed by the Senate Judicial Committee in February.
Both committees made only minor changes to the wording of the resolution.
Kolean
| File photo
The similar House Joint Resolution 13 still is sitting in the House Rules Committee after being passed by the House Judicial Committee.
“We must safeguard our democracy by ensuring the legitimacy of every vote,” Charlie Kolean with Americans for Citizen Voting told The West Virginia Record. “This measure reflects the seriousness with which West Virginians approach election integrity.”
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.
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.
“It’s encouraging to see the progress of Senate Joint Resolution 8, especially given the delays last session,” Kolean told The Record. “This resolution demonstrates West Virginia legislators’ commitment to ensuring that only U.S. citizens vote in our elections — a crucial step in upholding election integrity.
“As we anticipate the Senate floor vote, it’s essential to avoid last year’s procedural pitfalls.”
SJR 8 is sponsored by Sen. Patricia Rucker (R-Jefferson).
"I am very pleased this resolution is up to pass today in the West Virginia Senate," Rucker told The Record. "This is a simple constitutional amendment that I believe most citizens will support and makes it consistent throughout the state that only U.S. citizens can vote in any West Virginia election."
Kolean said his group is “determined to see this pass this session.”
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.
If passed, the resolution says the amendment would be placed on the 2026 election ballot as Amendment 1 and called the “Citizenship Requirement to Vote in West Virginia Elections Amendment.” The explanation on the ballot would say, “This amendment provides that in all elections held in West Virginia only citizens of this state who are citizens of the United States are qualified to vote.”
Kolean called the measure’s defeat last session “very unfortunate” as it would have appeared on the 2024 ballot that included the presidential election.
“We hope this issue doesn’t become a victim to the process again this time,” he said. “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.”
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.”