The architects of the amendment on your ballot made it so that only citizens vote in elections. But isn’t it already the law that only citizens can vote?
As is normally true in politics, it depends on who you ask.
The change would essentially amend the state’s constitution from reading that “every” citizen — given that they’re an adult and live in the state — can vote in Kansas to “only” citizens can vote.
Some states allow jurisdictions to decide if noncitizens can vote in local level elections. In San Francisco, noncitizens with a child in the school district have a say in who should be on their board of education.
Kansas doesn’t have any jurisdictions that allow noncitizens to vote in local elections.
But per Ballotopedia, the state constitution doesn’t explicitly prohibit local governments from allowing noncitizens to vote.
The current secretary of state’s office is officially neutral on the bill. However, earlier this year Clay Barker, general counsel for the office, said the amendment would ensure that the Kansas requirement for citizenship can’t be challenged on the basis of wording.
What type of challenges? The secretary of state’s office declined to say.
What would the change be?
The current state constitution reads: “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.”
The amendment, if passed would read: “no person shall be deemed a qualified elector unless such person: is a 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 such person seeks to vote shall be deemed a qualified elector.”
Why do people want you to vote “yes”?
Republican Rep. Pat Proctor, chair of the House Elections Committee and a candidate for secretary of state, said the amendment would prevent noncitizens from voting in any elections — including local-level ones.
Debbie Detmer, a delegate for the Kansas GOP, said it would ensure that “only those with a legal, vested interest in our country’s future are making decisions that affect our government.”
Why do people want you to vote “no”?
Opponents, like the American Civil Liberties Union of Kansas, say it’s already law that only citizens can vote, and passing this amendment could open the floodgates to problematic voting restrictions.
Rashane Hamby, director of policy and research for the ACLU of Kansas, said “the language in (the amendment) 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.”
Amii Castle, a law professor at the University of Kansas, worries it could open the gates for legislators to try the law that required registering voters to prove their citizenship again. That law was struck down by a federal judge.
Does this have to do with President Trump?
One of the restrictive voter laws the ACLU of Kansas mentioned was the proof-of-citizenship law Kansas once had that fell to court challenges.
At the time, courts found it to be too restrictive and the supreme court in 2020 refused to hear it. But now, with more Trump-appointed judges in the supreme court, Kansas U.S. Rep. Derek Schmidt said in 2024 he wants Kansas to try again.
President Donald Trump’s election overhaul attempt — which would include the proof-of-citizenship — has stalled in Congress. But Kansas joins a number of other states this election in addressing some of Trump’s concerns over noncitizens voting.
Democratic Rep. Kirk Haskins alleged that the amendment was only to bring more Republicans out to the polls for the midterms, which have historically been dominated by the opposite party of the president.
While all Statehouse Republicans voted in favor of putting the amendment on the November ballot, a few Democrats voted with them, too — notably Cindy Holscher, the Democratic nominee for governor.
What exactly will I see on the ballot?
According to the Johnson County Election Office, here’s what voters can expect to see on their ballot:
Constitutional Amendment - Kansas Citizenship Voting Requirement
“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.
Grace Hills reports on politics for the Kansas News Service.
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