Governor Jim Justice | File
CHARLESTON – A resolution that would put before voters this fall a constitutional amendment intended to ensure that non-citizens cannot vote in West Virginia elections will likely be on the agenda for a planned special session.
House Joint Resolution 21 was passed by the House of Delegates by a 96-0 vote on February 6. It then passed the state Senate by a 32-0 vote on March 9, the last day of the regular session, with a minor change that required house approval.
However, a technical glitch in the Legislature’s bill tracking system temporarily indicated that this action had been completed. By the time the problem was realized, it was too tardy to solve it and take a number of other actions to the end due to Democratic obstruction.
Blair | Photo courtesy of
Gov. Jim Justice has said he plans to reconvene the Legislature for a special session in April or May to address budget issues. During his weekly news conference on March 26, the governor said he would make sure the resolution made it to the special session if lawmakers wanted it.
“I don’t know why we just jammed everything at the last second (of the session)… but I really am a believer and it’s the law,” Justice, a Republican, said. “I mean, for crying out raucous, you know, you don’t have any right to vote if you’re here illegally or something.
“If the Legislature wants it on the phone, they will do it. You know, if all we’re going to do is just kick the can down the road and waste time… you don’t need it. All they need to tell me is that they want it on the phone and it will be on the phone. And I will proudly sign it if they manage to pass it on and deliver it to me.
State Senate President Craig Blair (R-Berkeley) sponsored similar legislation in the Senate.
“The state Senate would very much like to see an amendment regarding non-citizen voting when it convenes in a special session in May,” Blair said West Virginia record shortly after the judge’s briefing. “We passed it overwhelmingly and were disappointed that we ran out of time in the House at midnight.”
Given the overwhelming support in both chambers, as well as West Virginia’s deep-red, conservative stance (as well as Justice’s U.S. Senate candidacy), the issue seems like a long shot. Supporters claim that the amendment will secure the electoral process and uphold the principle of voting rights. Critics say it is unnecessary, saying it is already part of the state constitution.
If passed and signed by the governor, HJR21 will pose questions to West Virginia voters on the fall general election ballot.
“Most people assume that to vote in the United States you have to be a United States citizen,” Blair previously said Record. “However, this is not always the case. Liberal cities like San Francisco and New York allow non-citizens to vote. …
“Unless our West Virginia constitution specifically states that only citizens can vote, it is possible for non-citizens to legally vote,” he said. Record. “So we have proposed a constitutional amendment that would ensure that only citizens will be able to vote in West Virginia elections. Only citizens of the United States and West Virginia should vote in West Virginia elections.”
The Kentucky General Assembly passed similar legislation earlier this month. This issue will be put before voters across the commonwealth during this fall’s general election.
On March 25, the Idaho State Senate passed a citizen-only ballot amendment resolution (HJR5) by a 28-6-1 majority. It previously passed the House on March 11 by a 63-6-1 majority. That means Idaho voters will decide whether to add an amendment to the state constitution in this fall’s general election.
Americans for Citizens’ Voting President Avi McCullah says similar measures are also in the legislative process in about 10 other states. In addition to West Virginia, these states are Georgia, Kansas, Mississippi, Missouri, North Carolina, South Carolina, Oklahoma and Texas.
“State legislators have seen the success of the non-citizen voting movement and are taking action to stop it,” McCullah said. “We’re three months into the year, and two states have passed amendments through citizen-only votes. There will be more.
“Most state constitutions do not expressly prohibit non-citizens from voting. Many people, even legislators, are not aware of this.”
Currently, 11 state constitutions reserve the right to vote only to American citizens.
“Idahoans want safe and reliable elections,” Republican Kevin Andrus, who sponsored the bill, said in a press release. “With the approval of House Joint Resolution 5, we are giving Idahoans the chance to vote for a constitutional amendment that ensures that only U.S. citizens will be able to vote in Idaho elections.
“I am confident that Idahoans will overwhelmingly vote for citizen-only voting in November.”
The following states have adopted such amendments in recent years: Alabama, Colorado, Florida, Louisiana, Ohio and North Dakota.
Citizens-only voting amendments have been passed by the legislatures of Idaho, Iowa, Kentucky and Wisconsin and will be put to a citizen vote in November.
Earlier this year, a Virginia General Assembly delegate introduced legislation that would require Virginians to prove U.S. citizenship when registering to vote by presenting a birth certificate, passport or naturalization documents.
