Texas secretary of state guidance allows voters with non-citizen driver's licenses to cast ballots

The Texas Secretary of State's office issued guidance on using non-citizen driver's licenses as voter ID, allowing it if the individual is already registered to vote.

In an advisory issued Tuesday by the Texas Secretary of State's elections director, Christina Worrell Adkins, it states that while non-citizen driver's licenses are not acceptable as voter ID, they can be used if the person is already a registered voter.

"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," according to the advisory.

"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 explains that only U.S. citizens are permitted to register to vote and cast ballots.

However, 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 reads.

The guidance also states 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," according to the guidance.

Meanwhile, the secretary of state's office list of acceptable voter ID that is to be posted in polling places reads:

• Texas Driver License issued by the Texas Department of Public Safety (DPS)
• Texas Election Identification Certificate issued by DPS
• Texas Personal Identification Card issued by DPS
• Texas Handgun License issued by DPS
• United States Military Identification Card containing your photograph
• United States Citizenship Certificate containing your photograph
• United States Passport (book or card)