Kansas approves wording change on citizen voting, something already included in state Constitution

Kansans are voting on a constitutional amendment in the November 3 general election that would require anyone who votes to be a U.S. citizen, even though the state's constitution already says that. (Photo by Tim Carpenter/Kansas Reflector)

TOPEKA — Kansas voters passed a constitutional amendment that changes wording on voting laws allowing only U.S. citizens to vote – even though the state Constitution already says that – but that opponents worry can lead to more significant changes in the future.

With nearly all precincts reporting at midnight, the amendment passed 64% to 36%.

Proponents of the amendment say it clarifies the language about citizens voting.

But opponents worry the change will allow the Legislature to require proof of citizenship in the future, making legal access to voting harder.

“This amendment is hard to explain to folks because first off, it doesn’t sound like that big of a change going from every person who is a citizen can vote to no person can vote unless they are a citizen,” said Amii Castle, a law professor at the University of Kansas.

She said there is a difference between “every person who is a citizen” and “only citizens” that could lead to a requirement that people prove their citizenship.

“The supermajority in our Legislature has a documented history of attempting to restrict voting in various ways,” Castle said. “My concern is that they’re going to use that to justify or as a pretext to say, ‘Well, wait a minute. We amended our constitution. Now it says only citizens can vote, therefore, prove your citizenship. Bring your documents.’”

Efforts have been made at the state and federal level to require proof of citizenship before voting, and some would require that people show documents that track any name changes they have had. For instance, a birth certificate would show citizenship but if you’ve married and changed your name, you would have to also show a marriage certificate.

The Brennan Center for Justice said about 9% of American citizens of voting age don’t have proof of citizenship documents “readily available.”

“We also uncovered evidence of racial disparities in these numbers: while just over 8% of self-identified white American citizens don’t have citizenship documents readily available, that number is nearly 11% among Americans of color,” the organization said.

Rep. Pat Proctor, who is running for secretary of state and who led the charge to put the amendment on the ballot as head of the House Elections Committee, framed it at political rallies as a way to ensure only citizens can vote.

He also said the state already tried to pass a proof of citizenship law and it was shot down by the Kansas Supreme Court because it was in opposition to federal laws.

While that is true, Castle said, a change on the federal level could open the state to try again.

“There is the SAVE Act in Congress that was passed by the House and not by the Senate, but they ain’t done,” Castle said. “The Save Act explicitly would require documentary proof of citizenship to vote in a federal election.”