Amending the Constitution to prohibit persons not United States citizens from voting in any election held within this state

2026 Regular Session Introduced by Dave Foggin and 2 co-sponsors

Prohibits non-U.S. citizens from voting in any West Virginia elections, adding citizenship as a requirement for all elections in the state.

To House Judiciary

#constitutionalamendments

Overview

Bill: HJR 18 (2026) — West Virginia

Type: Joint Resolution proposing a constitutional amendment

Purpose: Prohibit persons who are not United States citizens from voting in any election held within West Virginia

Status: Introduced January 20, 2026; referred to the House Judiciary Committee

Sponsor(s): Delegates Scot Heckert, Rick Hillenbrand, and Dave Foggin

What the bill would do

Amends Section 1, Article IV of the West Virginia Constitution (Election and Officers)

Core change: Explicitly prohibits non-U.S. citizens from voting in any election held within the state

The amendment would add the following language to the existing provision:

“nor shall any person who is not a citizen of the United States be entitled to vote at any election held within this state.”

The amendment is designated as “Amendment 1” and the overall proposal is summarized as: “To recognize that persons who are not citizens of the United States cannot vote in West Virginia elections.”

Key provisions and changes

Scope of prohibition: Applies to all elections held within West Virginia (federal, state, and local) that are conducted in the state.

Eligibility standard: Reaffirms that only U.S. citizens may vote in West Virginia elections.

Residency and other disqualifications remain: The existing list of voting disqualifications (e.g., minors, persons declared mentally incompetent, persons convicted of treason/felony/bribery in an election, and non-residents of the state or county) remains in place and would operate alongside the new citizenship requirement.

Constitutional amendment process: If approved by two-thirds of members elected in each house, the measure would be placed on the ballot for ratification or rejection by West Virginia voters at the next general election in 2026.

Who would be affected

Primary effect: Individuals who are not U.S. citizens would be disqualified from voting in West Virginia elections.

Potential secondary effects:

Election administration: County election officials would apply the citizenship requirement at the point of voter eligibility verification.
Legal and civil rights considerations: The change would interact with existing voter-eligibility laws and any relevant court interpretations regarding noncitizen voting rights.

Procedural and timeline considerations

Introduction and referral: Filed January 20, 2026; referred to the House Judiciary Committee.

Legislative path: Requires two-thirds of the members elected to each chamber to agree to submit the amendment to the voters for ratification.

Ballot timing: If approved by the required legislative majority, the proposed amendment would be placed on the ballot at the next general election in 2026 for voter ratification.

Implementation: Contingent on voter approval; upon ratification, the constitutional language would take effect as part of Article IV, Section 4-1 (Election and officers).

Notes for readers

This is a constitutional amendment proposal, not a standalone statute.

The proposed text would trump conflicting interpretations by clarifying that non-citizens cannot participate in any West Virginia elections.

As with any amendment, public discussion, potential challenges, and election law interpretations could influence practical implementation if adopted.