West Virginia ballot measure · November 3, 2026

West Virginia Amendment 1, explained

Citizenship requirement to vote in West Virginia elections. 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 wordingWhat appears on the ballot. Everything below explains it.

Title of Amendment: "Amendment 1: Citizenship Requirement to Vote in West Virginia Elections Amendment" Summary of Purpose: "This amendment provides that in all elections held in West Virginia only citizens of the United States who are citizens of this state are qualified to vote." Full Text of the Amendment: §4-1. Only citizens of the United States who are citizens of this state shall be entitled to vote at all elections held within the counties in which they respectively reside; but a person who is a minor, or who has been declared mentally incompetent by a court of competent jurisdiction, or who is under conviction of treason, felony or bribery in an election, or who has not been a resident of the state and of the county in which he or she offers to vote, for 30 days next preceding such offer, shall not be permitted to vote while such disability continues; and, a person in the military, naval, or marine service of the United States shall not be deemed a resident of this state by reason of being stationed therein.

What it actually means

Article IV, Section 1 of West Virginia's constitution now begins "The citizens of the state shall be entitled to vote." This amendment would change that to "Only citizens of the United States who are citizens of this state." State law and federal law already bar noncitizens from voting in West Virginia, and no West Virginia city allows it, so the question is whether the constitution should say who may not vote as well as who may. Five other states are voting on a version of the same change this year.

If you vote YES

Article IV, Section 1 would read that only U.S. citizens who are citizens of this state are entitled to vote at elections in the county where they reside.
The Legislature or a municipality could not authorise noncitizen voting in any West Virginia election without another vote of the people.
West Virginia would join the group of states — 18 as of 2025, including Ohio, Kentucky and North Carolina — whose constitutions reserve the vote to citizens rather than simply granting it to them.
The existing disqualifications — minors, people declared mentally incompetent by a court, people convicted of treason, felony or election bribery, and people who have not met the 30-day residency requirement — are carried over unchanged, along with the rule that being stationed in the state on military service does not make a person a resident.
The section is also rewritten for grammar and gender-neutral language.

If you vote NO

Article IV, Section 1 keeps its current opening — "The citizens of the state shall be entitled to vote" — which names who may vote without stating that anyone else may not.
U.S. citizenship remains a requirement to register and vote in West Virginia under state law, and federal law continues to bar noncitizens from voting in federal elections.
No West Virginia city or county allows noncitizens to vote in local elections, and a no vote does not change that.
What remains is the possibility supporters want closed off: that a future Legislature or municipality could permit it by statute or ordinance.

The numbers that matter

Legislative vote to refer: Passed both chambers with no votes against
States whose constitutions already exclude noncitizens: 18 as of 2025
Similar measures elsewhere in 2026: 5 other states — Alaska, Arizona, Arkansas, Kansas and South Dakota

What each side says3 for, 2 against — quoted, not summarised

Why supporters say YES

"There is broad agreement that only U.S. citizens should vote in West Virginia elections. This is a straightforward, commonsense issue. The people of West Virginia now have the opportunity to enshrine citizens-only voting in their Constitution."
— Charlie Kolean, state director, Americans for Citizen Voting
"Federal law does require citizenship in order to vote in federal elections. But this law does not apply to state and local elections, and 18 other states actually have a clear prohibition on non-citizen voting. West Virginia is not one of them. Unless the state Constitution specifically states that only citizens can vote, the possibility of non-citizens legally voting exists."
— State Del. Joe Funkhouser (R-98)
"Requiring voters to be U.S. citizens ensures that the people making decisions about our government are those who are permanent members of our nation and communities. Individuals who are in the country temporarily — such as those on work visas or green cards — or those who are not legally present may not remain here long-term to experience the benefits or consequences of the policies enacted."
— State Sen. Mark Maynard (R-6)

Why opponents say NO

"Sadly, despite the many real problems facing our state, Republicans in the WV Legislature feel compelled to waste time chasing down bogus conspiracy theories … One of these is the supposed scourge of non-citizens voting in our elections. … This is already against the law in every state of the union. Yet, this legislature is fixated on non-citizens and immigrants when it should focus on the real problems facing our state — one of which is population loss."
— West Virginia Citizen Action Group
"While common sense may tell us that non-citizens do not vote in West Virginia elections, it is clear that the only purpose served by this … amendment is to continue to stir up fear and hatred against immigrant communities."
— Dylan Parsons, chair, West Virginia Mountain Party

What's genuinely uncertain

Whether the amendment changes anything in practice is the disagreement. Supporters say the current wording grants the vote to citizens without excluding anyone else, leaving room for a city to extend local voting; opponents say noncitizen voting is already illegal and the change is symbolic. No West Virginia court has ruled on the point.
No documented case of noncitizen voting in West Virginia was cited by either side in the material we read.
No fiscal note was published for the amendment, and no ballot issue committee has registered on either side.
Americans for Citizen Voting cites polling showing "nearly 80 percent of Americans" agree voting should be limited to citizens; that is the group's own figure, not an official or independent measurement of West Virginia opinion.

The bottom line

Whether West Virginia's constitution should say the vote is reserved to citizens rather than simply granted to them — a bar no future legislature or city could lift, against a change opponents say restates existing law and singles out immigrants to no practical end.

One neutral sentence describing the tradeoff — not a recommendation.

Sources (3)The numbers in the text above link here

Checking it against the official text

The West Virginia 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 West Virginia Secretary of State.

Candidates on the same ballot

Everything on the West Virginia ballot →

West Virginia Amendment 1, explained

What it actually means

If you vote YES

If you vote NO

Why supporters say YES

Why opponents say NO

Checking it against the official text

Candidates on the same ballot

Related reading

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