Kansas committee hears HCR 5,004 to clarify U.S. citizenship as voting qualification

The Federal and State Affairs Committee held a hearing on HCR 5,004 on Oct. 27, 2025, a proposed amendment to Article V, Section 1 of the Kansas Constitution that would state explicitly that no person shall be deemed a qualified elector unless the person is a citizen of the United States.

Proponents said the change would remove ambiguity and protect the integrity of elections, while opponents and a neutral witness from the secretary of state’s office said court precedent and existing statutes already require U.S. citizenship and cautioned the amendment could create unintended consequences. The House of Representatives previously approved the resolution on final action, 90–28; if the Legislature puts it on the ballot and voters approve it, the measure would appear on the November 2026 general-election ballot.

Representative Pat Proctor, sponsor of HCR 5,004, told the committee he concluded during constituent conversations that explicit constitutional or statutory language is necessary. “U.S. citizenship either means something or it doesn't,” Proctor said, arguing that a future court could overturn older precedents unless the state clarifies the qualification in law.

Becky Arps, director of research for Americans for Citizen Voting, supported placing the amendment before voters to “clarify that only U.S. citizens can vote in Kansas elections,” and said municipalities in other states have taken different approaches to noncitizen voting. “If someone wants to be able to vote on an issue, then become a citizen,” Arps said.

Davis Hammond of Loud Light Civic Action opposed the resolution, saying Kansas case law and election statutes already make U.S. citizenship a prerequisite for voting. “This is not ambiguous. This is the law already,” Hammond told the committee, and he warned the amendment could have collateral effects, including on special districts such as irrigation districts that allow property-based voting.

Clay Barker, deputy secretary of state, testified neutrally. He said the secretary’s office views the issue as appropriate for the Legislature to decide whether the question should go to voters and provided procedural context: the office estimates about $50,000 to publicize each constitutional amendment in newspapers, and the current voter-registration form contains a required citizenship declaration under penalty of perjury. “There's a question on the form that says, are you a U.S. citizen? Yes, no, with a clear indication that it's a crime to commit perjury on the form,” Barker said.

Committee members asked whether the amendment would affect elections run by special districts. Representative Proctor said the amendment would apply to “all elections in the state of Kansas,” including special districts, because the proposal alters the citizenship requirement in the constitutional definition of a qualified elector. Opponents and the deputy secretary of state noted longstanding attorney general opinions and statutory language that have been interpreted to apply the qualified-elector requirement to counties, cities and certain special districts, creating legal complexity if the amendment language changes or is read narrowly.

No committee vote was recorded at the hearing. The chair closed the public testimony and the committee proceeded with other agenda items. The House’s earlier recorded vote on HCR 5,004 was 90 in favor and 28 opposed on final action; if acted on by both houses and sent to voters, the amendment would appear on the November 2026 general-election ballot.

The hearing record includes additional details: Representative Proctor said House Bill 2020 would direct the DMV to share citizenship data quarterly with the secretary of state for voter-roll maintenance; the deputy secretary of state noted that some special-district elections allow corporate or entity voting tied to land ownership; and opponents raised concerns about ballot length, printing costs and the public-safety consequences of heightened rhetoric tied to immigration issues. The committee closed the hearing on HCR 5,004 and no committee action was taken at that meeting.