West Virginians voting in the upcoming General Election will see on the ballot a proposed amendment to the state Constitution. The Citizenship Requirement to Vote in West Virginia Elections Amendment states: “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.”
(More here from Brad McElhinny)
Voters should know there is already a state law that prevents noncitizens from voting in West Virginia. Secretary of State Kris Warner advocated for Senate Bill 486, which the state legislature passed last year, explicitly establishing qualifications for voters. West Virginia Code 3-1-3 states that “a person may not vote in a federal, state, county, municipal, or special election unless the person… is a United States citizen.”
There are other requirements in the law, including age and residency, but the citizenship requirement is clearly stated, so why must that provision also be in the state Constitution?
The argument by proponents is that laws can be changed so that it is possible that one day a future state legislature would allow noncitizens to vote. I suppose lawmakers could also eliminate the requirement that drivers have a license, but I would not bet on that happening either.
At best, this amendment would not change who is currently eligible to vote, but at worst it fuels the false narrative that noncitizens or people in the country illegally are somehow voting in large numbers and affecting election outcomes. President Trump has tirelessly planted this seed for years.
His false and inflammatory rhetoric has undermined the faith in election security, despite a lack of evidence that noncitizen voting is widespread. It does happen, but it is extremely rare across the country and appears to be exceptionally rare in West Virginia. The conservative Heritage Foundation documented a case in 2016 where a noncitizen voted in West Virginia and that individual was prosecuted.
The League of Women Voters has encouraged a “no” vote on the amendment.
“False and exaggerated claims about noncitizen voting are used to enact restrictive voting laws that make it harder for eligible citizens to vote,” wrote the organization. (Here is a video of the League’s position.)
“As these falsehoods are repeated, they undermine trust in the electoral process, breed suspicion and animus toward immigrants, and sow division in our communities.”
Secretary of State Warner said in a video posted on the office’s website that many voters have contacted his office asking about the amendment. That is understandable given how it is written. It is too bad the ballot language does not explain that state law already prevents noncitizens from voting.
That distinction matters. Voters are being asked to decide whether an existing legal requirement should also become a constitutional requirement. They should understand the difference.