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HCR 11

To require that all United States Congressional Representatives, United States Senators, federal judges, and cabinet secretaries be natural born United States citizens.

2026 Regular Session Introduced by Mark Dean and 8 co-sponsors

West Virginia proposes a constitutional rule that federal offices (representatives, senators, federal judges, and cabinet secretaries) require natural-born U.S. citizenship.

To House Judiciary
#constitutionalamendments
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WeVote Research Nonpartisan
Bill Summary · HCR 11

Overview

HCR 11 (2026) from West Virginia seeks to amend the state constitution to require that all United States Congressional Representatives, United States Senators, federal judges, and cabinet secretaries be natural-born United States citizens. The measure is framed as a constitutional amendment and is currently in the House, having been introduced and referred to the Judiciary and Rules committees on January 20, 2026. A group of eight co-sponsors is listed.

Purpose and intent

  • Establish a constitutional eligibility requirement that specific federal officials must be natural-born U.S. citizens.
  • Extend eligibility criteria for:
    • Members of Congress (House Representatives and Senators)
    • Federal judges
    • Cabinet secretaries
  • The underlying aim appears to align state-level requirements with a stricter, birth-origin criterion for high-level federal positions.

Key provisions (anticipated based on title and summary)

  • Amendment to the West Virginia Constitution specifying eligibility for:
    • United States Representatives
    • United States Senators
    • Federal judges
    • Cabinet secretaries
  • Condition: Must be natural-born United States citizens to hold the listed federal offices.
  • The exact mechanism for enforcement, transition, and any grandfathering provisions are not detailed in the provided summary; those would typically be addressed in the full text of the amendment and any accompanying procedural sections.

Who is affected

  • Federal officeholders or candidates seeking:
    • U.S. House of Representatives
    • U.S. Senate
    • Federal judiciary (federal judges)
    • Cabinet-level positions
  • Potential impact on individuals currently serving in or pursuing these roles if the amendment were to take effect and be interpreted as retroactive or prospective.

Procedural and timeline aspects

  • Status: Filed for introduction on 2026-01-20; referred to House Judiciary and then Rules (as of the provided action history).
  • Sponsorship: Multiple co-sponsors listed (Chuck Horst, Mark Dean, Daniel Linville, George Miller, Rick Hillenbrand, Dave Foggin, Bill Roop, Bill Ridenour, Joe Funkhouser).
  • Next steps (typical for such measures):
    • Committee hearings and potential amendments in Judiciary and Rules
    • Floor consideration in the House
    • If advanced, potential parallel or companion actions in the state Senate or concurrence steps
    • Ballot consideration if placed on a statewide constitutional amendment referendum (depends on state processes and whether the General Assembly votes to submit to voters)

Important considerations and potential impacts

  • Constitutional changes at the state level require careful constitutional drafting to define “natural born” status, including potential clarifications on dual citizenship, age, and residency requirements.
  • The amendment could interact with existing federal eligibility standards established by the U.S. Constitution (e.g., natural-born citizen requirement for the presidency is constitutional, while other federal offices have different eligibility criteria set by federal law and the U.S. Constitution; the proposed WV amendment would create a state-level qualification constraint in addition to federal qualifications).
  • If enacted, the amendment could affect qualification criteria for candidates and incumbent officials, depending on its effective date and any prospective vs. retroactive application.
  • Legal questions could arise regarding preemption, constitutional consistency, and enforcement mechanisms, possibly leading to legal challenges.

Summary

HCR 11 proposes a West Virginia constitutional amendment to require natural-born U.S. citizenship for certain federal roles (U.S. representatives and senators, federal judges, and cabinet secretaries). Introduced January 20, 2026, it is under consideration in the House Judiciary and Rules committees with eight co-sponsors. The measure would add a state-level eligibility standard atop existing federal qualifications, potentially affecting future and current officeholders who seek or hold these positions. Further detail on definitions, exceptions, and implementation would emerge through committee deliberations and eventual legislative action.

Compiled from official sources — confirm details with the bill’s official record.

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