Texas election office issues new guidance after outcry over allowing non-citizen licenses as ID

Facing an election integrity outcry, Texas’ top election official issued new guidance Friday night to election officials who encounter voters who try to get a ballot by presenting drivers licenses issued to non-citizens.

Secretary of State Jane Nelson issued the new guidance after an earlier memo sent out Tuesday created an outcry from Congress to Texas Attorney General Ken Paxton. Critics were concerned the new guidance might allow non-citizens to vote.

The new guidance said that if a voter presented a non-citizen drivers license, he or she must also provide proof of citizenship before they could cast their ballot. 

“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…. 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,” she added.

Nelson’s office had issued guidance Tuesday authorizing using non-citizen driver's licenses as voter ID if the individual is already registered to vote.

"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," the advisory said.

"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. 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," the guidance continues.

The advisory explained that if a person is on the voter rolls and "possesses a limited-term driver’s license or identification card but also possesses another acceptable form of photo identification," then "it is recommended that the individual present the other form of photo identification because the limited-term driver’s license or identification card necessarily denotes that the person was not a United States citizen at the time of its issuance," according to the guidance.

If a person "with a limited-term driver’s license or identification card appears to vote and is listed as registered voter," then an "election judge or clerk should inform the individual that the identification presented suggests that the individual is not a United States citizen. The election judge or clerk should then inform the individual as to the eligibility requirements to vote in the State of Texas," the advisory stated.

The guidance also statesd that a person with a limited-term driver’s license or identification card can vote if they are listed on the voter rolls.

"If the individual does not have further questions or concerns and wishes to proceed to vote, the individual should be offered a regular ballot. Please note that it is possible the individual became a naturalized United States citizen after the limited-term license or identification card was issued and has not updated his or her Texas driver’s license or identification card since becoming naturalized."

But if the person is not on the voter rolls and has a non-citizens driver's license or ID, then they may vote by provisional ballot.

“In a situation where a person with a non-citizens driver's license or ID tries to vote "and the election judge or clerk has reason to believe that the voter is not a United States citizen, the election judge or clerk may bring this to the attention of the county voter registrar," the earlier guidance said.