Citizenship Voting Requirement Amendment (HCR 5004)
Statewide — all of Kansas
General election · Tuesday, November 3, 2026
- The Kansas Legislature referred this amendment as House Concurrent Resolution 5004, sponsored by Rep. Pat Proctor, R-Leavenworth. A two-thirds vote of each chamber is required; the House adopted it 90-28 (7 absent) on Feb. 5, 2025 and the Senate 37-3 on March 25, 2025, according to the Legislature's resolution history. Ballotpedia News reports that all voting Republicans and nine Democrats voted in favor and all No votes were from Democrats. The resolution requires submission at the Nov. 3, 2026 general election.[5][2]
The question on the ballot
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.[4]
HCR 5004 would amend Section 1 of Article 5 of the Kansas Constitution. The section currently says every citizen of the United States who is 18 and resides in the voting area where he or she seeks to vote is a qualified elector. The revised text provides that no person is a qualified elector unless the person is a U.S. citizen, is at least 18, and, unless a residency exception applies, resides in the voting area in which the person seeks to vote. The Legislative Research Department's note says the Secretary of State's office estimated a cost of $50,000 from the State General Fund to publish public notice of constitutional resolutions.[1][2]
A YES vote means
A yes vote would clarify in the Kansas Constitution that only a person who is a citizen of the United States is eligible to vote in the state.
A NO vote means
A no vote would make no change to the Kansas Constitution; the language concerning voter qualifications would remain the same.
The law today
Legislative Research Department note: “Section 1 of Article 5 of the Kansas Constitution currently states that every citizen of the United States who has attained the age of 18 and who resides in the voting area he or she seeks to vote shall be deemed a qualified elector.”[1]
Official fiscal estimate
No fiscal note was available when the House committee acted. The Legislative Research Department note says the Secretary of State's representative “indicated that there is an estimated cost of $50,000, all from the State General Fund, to publish public notice of Constitutional Resolutions.”[1]
Arguments made for
- Becky Arps, director of research for Americans for Citizen Voting, wrote in testimony supporting HCR 5004: “The Kansas Constitution protects the rights of every citizen of the United States who has attained the age of eighteen years and who resides in the voting area. It does not prohibit a municipality from allowing a non-citizen to vote legally.”[2]
- Rep. Pat Proctor, R-Leavenworth, the sponsor, said during House debate: “There is nothing more fundamental to our way of government and our way of life than voter confidence that the results of the election reflect the will of the voter, that every vote is counted and only valid votes are counted, that their votes aren’t diluted by invalid votes.”[3]
Arguments made against
- Davis Hammet of Loud Light Civic Action wrote in testimony opposing HCR 5004: “This amendment does nothing to strengthen our Constitution, it appears to do nothing at all legally, yet it will cause confusion, inflame tensions, and distract from important conversations.”[2]
- Rep. Haskins, a Topeka Democrat, said during House debate: “Folks, we got other issues we need to focus on.”[3]
On record in support
Research notes & limits
The ballot text (explanatory statement, 'a vote for/against' language) is quoted from the Kansas Secretary of State's page of proposed constitutional amendments for the Nov. 3, 2026 general election, which lists this as the only amendment on that ballot. The Legislative Research Department note quotes an earlier committee version of the statement ('clarify only'), and the enrolled resolution's PDF text omits 'is eligible to vote in this state' from the first sentence; the Secretary of State's page is followed. A county sample ballot was not retrieved. Kansas publishes no pro/con voter pamphlet; the for/against items are written legislative testimony (as quoted by Ballotpedia News) and floor remarks (Kansas Reflector). The Aug. 4, 2026 Supreme Court selection amendment is a separate, already-decided measure and is not on the Nov. 3 ballot. Supporter/opponent lists are from the Legislative Research Department summary of the Jan. 23, 2025 House committee hearing; no ballot-question committee or campaign finance data was found.
Sources · 5
Researched 2026-10-19. Green citations are official government records.
- 1.Supplemental Note on House Concurrent Resolution No. 5004 · Kansas Legislature (Legislative Research Department) · 2025-02-05 Official record
- 2.Kansas voters will decide on citizenship voting requirement amendment in 2026 · Ballotpedia News · 2025-03-27 Reference
- 3.Kansas Democrats blast redundant constitutional amendment as an attempt to drive GOP voters to polls · Kansas Reflector News report
- 4.Proposed Constitutional Amendments: 2026 General Election · Kansas Secretary of State · 2026-10-19 Official record
- 5.HCR 5004 history and votes · Kansas Legislature Official record