Election workers must require that the individual produce a naturalization card or naturalization certificate demonstrating U.S. citizenship to receive a regular ballot.
Texas Insider Report: AUSTIN, Texas – "It is possible for a noncitizen who was previously issued a limited-term driver’s license or ID card to subsequently become a naturalized citizen, and then fail to obtain an updated, permanent driver’s license or ID card. But when an individual presents a limited-term driver’s license or ID card to vote, the only thing that can be known for certain is that at some time – whether in the past or the present – the individual was a noncitizen who was not eligible to vote," reads the new guidance issued Friday night by Texas’ top election official, Secretary of State Jane Nelson, to local Texas Election Officials who might encounter individuals trying to vote by presenting drivers licenses issued to non-citizens.
"Accordingly, our office has consistently made it clear that Texans should not use this type of license to participate in elections, even if it otherwise constitutes a valid form of ID," says the new guidance, clarifying that if a voter presents a non-citizen drivers license, he or she must also provide proof of citizenship before they could cast their ballot.
Secretary Nelson issued Amended Election Advisory No. 2024-31, supplementing the steps described in Advisory 2024-30 released last Tuesday, after that initial advisory created widespread outcry – ranging from Members of Congress in Washington, D.C., to Texas' Attorney General Ken Paxton and other critics who expressed concern that the first guidance might allow non-citizens to vote.
“The Secretary of State sought a formal legal opinion from the Office of the Attorney General on this important issue. In the absence of a response from the Attorney General, the Secretary issues this amended advisory,” Nelson wrote in the new memo.
“Election workers have an obligation under state criminal law not to facilitate illegal voting by non-citizens. (See TEX. ELEC. CODE § 63.012.) 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,” the new advisory added.
On Tuesday, October 8th, 2024, the Texas Secretary of State's Office issued Advisory 2024-30 – Limited-Term Driver’s License and Identification Card regarding the use of a temporary or limited-term driver’s license to vote.The next day, the Secretary of State sought a formal legal opinion from the Office of the Texas Attorney General on the issue, and then in the absence of a response from the Attorney General, the Secretary of State's Office issued the new and Amended Advisory to supplement the steps described in Advisory 2024-30.
For those with questions concerning the information in Election Advisory No. 2024-31, the Texas Secretary of State's Office asks that they contact the Elections Division at 1-800-252-VOTE (8683).
