CHARLESTON – Voting is a fundamental right that belongs to citizens of the United States. Federal law prohibits non-citizens from voting in federal elections.
No state constitutions explicitly allow non-citizens to vote in elections. However, some states – including California, Maryland and Vermont – authorize municipalities to allow non-citizens to vote in local elections. And in Washington, DC, certain non-citizens can vote for local offices and ballot initiatives.
West Virginia’s Constitution provides that the citizens of the state are entitled to vote in elections held within the counties in which they reside. However, the language’s ambiguity may allow municipalities to permit non-citizens to vote in local elections.
The West Virginia Legislature has clarified through various laws that only United States citizens may register to vote in West Virginia. As part of my 2025 legislative agenda, Senate Bill 486 explicitly states that only United States citizens may vote in federal, state, county, and municipal elections in West Virginia. That bill successfully advanced through the West Virginia Legislature and was signed into law by the governor.
However, in the words of the late Bill Stewart, we must leave no doubt.
Two resolutions are pending in the West Virginia Legislature that would close any potential loopholes in the West Virginia Constitution. House Joint Resolution 13 and Senate Joint Resolution 8 have the same effect: prohibiting non-citizens from voting in all elections held in West Virginia.
I fully support these resolutions. Not only do they reinforce our existing statutory voting requirements, but they also align with President Donald Trump’s executive policies concerning non-citizen voting, as outlined in his recent Executive Order issued on March 25, 2025.
Just as importantly, these resolutions ensure that the secretary of state, county clerks and municipal election officials have uniform eligibility requirements to follow while administering free, safe, and secure elections.
United States citizenship carries significant meaning, and voting is a fundamental benefit of that citizenship. By protecting the sanctity of the vote, we can uphold the values that have made this nation great and continue striving for a future where the voice of every citizen is heard, respected and valued.
Warner is West Virginia’s Secretary of State.