The Texas State Legislature voted to send a constitutional amendment to voters that would add language to the state constitution prohibiting noncitizens from voting. Currently, Texas has a statutory citizenship requirement to vote. Adding this requirement to the state constitution effectively raises the threshold for any changes to the policy from a simple majority of state legislators to a two-thirds vote in each chamber and voter approval.
In 2026, voters in Arkansas, Kansas, and South Dakota will be deciding on similar measures. All three were also placed on the ballot by their respective state legislatures.
From 2018 to 2024, voters approved all 14 ballot measures related to adding language about citizenship requirements for voting. Three of the amendments were placed on statewide ballots by successful citizen initiative campaigns, while the other 11 were placed on ballots by state legislatures.
In 1996, the U.S. Congress passed a law prohibiting noncitizens from voting in federal elections, including elections for the U.S. House, U.S. Senate, and presidential elections. This law does not apply to elections for state and local offices. The District of Columbia and municipalities in three states—California, Maryland, and Vermont—allow noncitizens to vote in local elections.
The amendment was introduced as Senate Joint Resolution 37 (SJR 37). It passed in the Senate by a vote of 28-3 on April 1. It passed in the House on May 12 by a vote of 102-14. All voting Republicans supported the resolution, while 57.5% of Democratic state legislators supported it.
The amendment received support from the Texas Public Policy Foundation and Americans for Citizen Voting. Common Cause Texas, ACLU of Texas, Texas Democratic Party, and Texas Civil Rights Project registered in opposition to the amendment during the legislative process.
The state legislature has also voted to send five other amendments to voters on Nov. 4. The amendments would:
- Establish the Dementia Prevention and Research Institute of Texas with $3 billion from the general fund;
- Prohibit a tax on the realized or unrealized capital gains of an individual, family, estate, or trust;
- Prohibit the state legislature from enacting laws imposing death taxes on a decedent’s property or the transfer of an estate;
- Prohibit the enactment of laws that impose taxes on entities that enter into transactions conveying securities or on certain securities transactions; and
- Establish a property tax exemption on animal feed held by the owner of the property for retail sale.
As of May 13, 287 constitutional amendments were filed in the state legislature for the 2025 ballot. Democrats filed 107 (37.3%) of the constitutional amendments. Republicans filed 180 (62.7%) of the constitutional amendments.
Since the adoption of the Texas Constitution in 1876, Texans have decided on 711 ballot measures, all constitutional amendments—approving 530 and defeating 181 measures.
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