Kansas ballot measure · November 3, 2026
Kansas Constitutional Amendment, explained
Only United States citizens eligible to vote. A ballot measure is a yes-or-no question put directly to voters — no candidate is involved, and the wording on the ballot is the wording that becomes law. This page shows that wording first, then what it actually changes.
The official wording
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. 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. 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. Shall the following be adopted? "§ 1. Qualifications of electors. Every (a) No person shall be deemed a qualified elector unless such person: (1) Is a citizen of the United States who; (2) has attained the age of eighteen years; and who (3) except as provided in subsection (b) or (c), resides in the voting area in which he or she such person seeks to vote shall be deemed a qualified elector. (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 his or her 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 his or her 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 he or she such person seeks to vote, if his such person's new residence is in another voting area in the state of Kansas."
This is what appears on the ballot. Everything below explains it.
What it actually means
Article 5, Section 1 of the Kansas Constitution now says "Every citizen of the United States" who is 18 and lives in the voting area "shall be deemed a qualified elector." This amendment flips that into a negative: "No person shall be deemed a qualified elector unless" they are a citizen, 18, and a resident. The three qualifications themselves are the same. The practical difference is whether the constitution grants the vote to citizens or reserves it to citizens only — which matters mainly for whether a Kansas city or county could ever extend local voting to noncitizens.
If you vote YES
- Article 5, Section 1 would read that no person is a qualified elector unless they are a U.S. citizen, are at least 18, and reside in the voting area where they seek to vote.
- The existing provisions letting former Kansas residents vote for president and vice president, and letting people who have moved within Kansas vote in their former voting area for a period, would be kept and renumbered as subsections (b) and (c).
- A Kansas municipality could not allow noncitizens to vote in its local elections, which supporters say is currently unaddressed by any Kansas statute or court decision.
- Kansas would join the 18 states whose constitutions reserve the vote to citizens rather than simply granting it to them.
If you vote NO
- Article 5, Section 1 would keep its current wording: "Every citizen of the United States who has attained the age of eighteen years and who resides in the voting area in which he or she seeks to vote shall be deemed a qualified elector."
- U.S. citizenship would remain a requirement to vote in Kansas state elections, and federal law would continue to bar noncitizen voting in federal elections.
- No Kansas city or county currently allows noncitizens to vote, and none would begin to as a result of a "no" vote; what would remain is the possibility supporters want closed off.
- Kansas would remain among the 32 states whose constitutions say who may vote without saying that others may not.
Why supporters say YES
"The Kansas Constitution protects the rights of every citizen of the United States who has attained the age of eighteen years and who resides in the voting area. It does not prohibit a municipality from allowing a non-citizen to vote legally. 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."
— Becky Arps, director of research, Americans for Citizen Voting
"There are no decisions and no statutes preventing a municipality from allowing non-citizens to vote in a municipal election. Further, this or a future Kansas Supreme Court could overturn previous judicial precedents in the state and allow non-citizens to vote in elections for county and state elections, as well."
— State Rep. Pat Proctor (R-41)
Why opponents say NO
"This amendment does nothing to strengthen our Constitution, it appears to do nothing at all legally, yet it will cause confusion, inflame tensions, and distract from important conversations."
— Davis Hammet, Loud Light Civic Action
"The language in HCR 5004 could be weaponized to justify a return to restrictive voter registration laws, as it explicitly conditions voter eligibility on U.S. citizenship, despite no evidence of noncitizen voting in Kansas elections. Furthermore, the amendment's reference to 'laws of this state relating to voting for presidential electors' could allow legislators to tighten residency requirements or impose further barriers under the pretense of aligning with federal law."
— Rashane Hamby, director of policy and research, ACLU of Kansas
"If I was a non-citizen and I've successfully become a citizen, but yet you keep scrutinizing over whether I can vote, I'd likely just say that I don't want to take the risk. I'm not going to go. They should feel open and free to vote and express their voice."
— State Rep. Kirk Haskins (D-53)
What’s genuinely uncertain
- The two sides disagree about whether the amendment does anything at all. Supporters say it closes a gap that would let a municipality extend local voting to noncitizens; opponents say it appears to have no legal effect. No Kansas court has ruled on whether a city could do so today.
- Opponents also say the rewritten subsection (b) reference to federal presidential-elector law could be used later to tighten residency rules; supporters have not addressed that reading, and it is untested.
- No fiscal note for the amendment was located, and no committee campaign finance activity on either side has been identified.
The bottom line
Whether the Kansas Constitution should say the vote is reserved to citizens rather than simply granted to them; supporters say only that wording rules out a city ever letting noncitizens vote, opponents say citizenship is already required and the change invites tighter registration rules while singling out naturalised voters.
One neutral sentence describing the tradeoff — not a recommendation.
Checking it against the official text
The Kansas Secretary of State publishes the certified measures and, in most states, an official voter guide with fiscal notes. That is the authoritative version. Everything here is an explanation of it, not a substitute for it.
Confirm this with the official source
Your ballot is determined by your election authority, not by us. Verify your registration, precinct, and sample ballot at Kansas Secretary of State.
Candidates on the same ballot
- U.S. Senate election in Kansas
- Kansas governor's race
- Kansas's 1st congressional district
- Kansas's 2nd congressional district
- Kansas's 3rd congressional district
- Kansas's 4th congressional district