Arkansas amendment aims to prohibit noncitizens from voting in local elections

Similar measures are being pursued by 5 other states in November’s election

Sponsors of a proposed constitutional amendment that would only allow United States citizens to vote in Arkansas elections say it’s a preventative measure, but critics argue it’s unnecessary and sends immigrants an unwelcoming message.

Issue 1, also known as “The Citizens Only Voting Amendment,” proposes amending the state’s constitution to prohibit noncitizens from voting in state or local elections held in Arkansas. It’s one of four ballot measures being considered by Arkansas voters in this year’s election.

State lawmakers referred the measure to voters by approving a 2025 resolution sponsored by Republicans Rep. David Ray and Sen. John Payton.

Last month, Ray and other Issue 1 supporters held a press conference at the state Capitol where they cited examples of places where noncitizens are allowed to vote in local elections such as Washington, D.C.

“Americans should decide the future of America,” Ray said. “That’s what I believe, and that’s what the vast majority of Arkansans believe.”

Federal law prohibits noncitizens from voting in federal elections. The Trump administration has campaigned against noncitizens voting in elections, but research shows it’s exceedingly rare.

Arkansas’ constitution already states that “any person” who is a U.S. citizen, an Arkansas resident, at least 18 years old and legally registered to vote is eligible to cast a ballot in an election in the state.

The nonpartisan League of Women Voters of Arkansas said it opposes the measure because there’s already a requirement that voters be a U.S. citizen, executive director Kristin Foster said.

“This is adding in unnecessary language to the constitution where protections already exist,” Foster said.

Ray said the state constitution’s current phrasing is “a floor rather than a ceiling,” meaning it would not prevent noncitizens from being added to the list of eligible voters.

“Arkansas’ constitution protects the rights of all U.S. citizens to vote, but it doesn’t preclude a city or another local government from granting eligibility to noncitizens,” he said. “That is primarily what Issue 1 aims to address.”

Ray acknowledged there aren’t any local governments in Arkansas trying to allow noncitizens to vote, and said the proposal is a preventative measure.

Arkansas is one of six states considering this type of constitutional amendment or law change in November’s election.

In addition to Washington, nearly two dozen municipalities in California, Maryland and Vermont have permitted noncitizens to vote in certain local elections, such as school board elections. This allows all citizen children to have a voice — through their parents and guardians — about the elected officials who approve their school district’s policies, according to Stateline.

In Arkansas, allowing noncitizens to vote in school board elections could affect children who were born in the U.S. and have parents who immigrated from another country, such as the Marshall Islands.

Arkansas has the largest Marshallese population in the country. A compact agreed to following years of nuclear weapons testing by the U.S. near the islands allows Marshallese migrants to legally live and work in the U.S., but does not provide an automatic path to citizenship.

Holly Dickson, executive director of the American Civil Liberties Union of Arkansas, said the state’s constitution has been clear for more than a century that only U.S. citizens can vote in Arkansas.

“Issue 1 is about whether Arkansas will send a hateful, un-American message that immigrants aren’t welcome here,” Dickson said in an email.

Arkansas was settled by and continues to be inhabited by people of various cultural backgrounds, including Indigenous people, and immigrants from Germany, Italy, Vietnam, Latin America and India, she said.

“Immigrants helped build Arkansas and still make our communities stronger,” Dickson said. “Issue 1 will be a litmus test for Arkansans’ character and values.”

Critics of Issue 1 have also argued its approval could spur lawmakers to pass proof of citizenship laws during the 2027 legislative session and establish requirements many qualified voters could not meet, according to the Public Policy Center at the University of Arkansas Division of Agriculture.

Proponents of the measure have said it’s a way to address voters’ concerns about illegal immigration, according to the center.

If voters approve Issue 1 at the polls, it would be effective Jan. 1.

You can read the proposed constitutional amendment in its entirety here.

Editor-in-Chief Andrew DeMillo contributed to this report.