Texas clarifies voter ID law, requires proof of US citizenship for ballot
A new advisory from the Texas secretary of state's office has closed what critics say was a critical loophole that would have potentially allowed non-citizens to vote in the presidential election.
Secretary of State Jane Nelson stirred controversy earlier this month by instructing election workers to accept driver licenses issued to non-citizens as valid voter identification.
The initial advisory issued on Oct. 8 doesn't mention that naturalization certificates can also serve as voter ID. While the Texas Department of Public Safety (DPS) issues driver licenses to lawfully present non-citizens, these IDs are marked “Temporary Visitor” or “Limited-Term” and expire after one year or when the individual's lawful presence ends.
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Christina Adkins, the director of elections at the Texas secretary of state's office, initially stated that non-citizen IDs shouldn't be used for voting, but did not provide any specific guidance to prevent such IDs from being accepted by poll workers.
“Our office has consistently made it clear that Texans should not use this type of license to participate in elections,” Adkins emphasized in the memo.
The advisory instructed poll workers to provide regular ballots to individuals on the voter rolls who present a non-citizen ID. It also advised election judges to inform these individuals that their ID indicates they might not be U.S. citizens and to explain the voting eligibility requirements in Texas.
Three days later, on Oct. 11, Nelson issued updated guidance providing poll workers with more detailed instructions.
Nelson wrote, “When an individual attempts to vote by presenting a temporary or limited-term driver’s license (which federal regulations say must be issued only to non-citizens who are lawfully present in this country) election workers must require that the individual produce a naturalization card or naturalization certificate demonstrating U.S. citizenship to receive a regular ballot.”
Attorney General Ken Paxton was among those who applauded Nelson for her advisory.
In a statement, Paxton said, “Secretary of State Nelson did the right thing. Her amended election advisory closes a potential loophole that could have allowed non-citizens to attempt to vote.
"Texas must do everything in its power to prevent non-citizens from voting, and this is a critical step toward securing our elections."
The clarification followed several inquiries from Republicans in Denton County, who sought clarification after a local election administrator suggested accepting non-citizens' IDs. In a 2018 training guide, the secretary of state's office explicitly stated that IDs with “Limited Term” or “Temporary Visitor” markings should not be accepted for voting.
Earlier this month, the Texas secretary of state's office announced that the number of registered voters in the state has surpassed 18 million for the first time. As of Sept. 23, the secretary of state’s office said there were 18.4 million registered voters in Texas, marking a significant milestone that reflects the state's rapid population growth.
In September, Gov. Greg Abbott announced election officials have removed over 1 million people from the state's voter rolls since 2021, including 457,000 "deceased people" and 6,500 "potential non-citizens."
"Illegal voting in Texas will never be tolerated," Abbott said in a statement.
