Kansas committee hears testimony on constitutional amendment to clarify U.S. citizenship as voter qualification

The Committee on Elections opened a hearing on House Concurrent Resolution 5004, which would amend the Kansas Constitution to state explicitly that only U.S. citizens are qualified electors.

Supporters said the amendment would remove ambiguity and prevent local governments from allowing noncitizen voting. Madeline Melissa, a visiting fellow at Opportunity Solutions Project, told the committee, “Americans should decide American elections,” and said a similar wave of amendments has passed in other states. Becky Arps of Americans for Citizen Voting said the measure would let Kansans decide the question at the ballot box and cited municipal noncitizen voting in some states as a rationale for the change.

Neutral witnesses raised practical questions and costs. Clay Barker, general counsel for the Kansas Secretary of State, said the office is neutral and that placing an amendment on the ballot would increase publication costs by about $50,000 (to be reimbursed from the state general fund) and could lengthen county ballots. Barker also provided historical context, saying the state constitution was amended in 1917 to limit suffrage to citizens and that case law since then has generally interpreted the constitution as requiring citizenship to vote.

Other neutral testimony emphasized statutory tools that could be strengthened without a constitutional amendment. Missy Levitt cited a number of state statutes and enforcement provisions (as provided in her written testimony) and noted inconsistent pollbook declarations in some counties. She also referenced federal statutes and litigation that have appeared in public discussion of election policy.

Opponents said the amendment would not change existing law and could inflame public debate. Davis Hammitt said the Kansas Supreme Court has long interpreted the state constitution to require citizenship and argued the amendment is legally redundant; he warned that putting the issue before voters could create confusion and potentially increase tensions in communities. Hammitt cited historical Kansas decisions and more recent litigation as supporting his legal interpretation.

Committee members asked about examples from other states, municipal authority under home rule, and whether counties could run elections with different voter qualifications. Witnesses and the reviser’s office said state election law and constitutional interpretation generally control county and municipal administration of elections, and that the secretary of state’s office has authority and responsibility to publicize and assist in administering constitutional amendments and election laws.

The committee closed the hearing without taking a vote on HCR 5004 and moved on to other business.

The hearing record includes proponent testimony from Madeline Melissa (Opportunity Solutions Project) and Becky Arps (Americans for Citizen Voting); neutral testimony from Clay Barker (Kansas Secretary of State, general counsel) and Missy Levitt (neutral conferee); and opponent testimony from Davis Hammitt.