This story has been updated since publication.
In a major reversal from her guidance just days ago, Secretary of State Jane Nelson now says non-citizen driver’s licenses may not be used as a form of voter identification.
The Texas Department of Public Safety issues driver’s licenses and personal identification cards to lawfully present noncitizens, which are clearly marked “Temporary Visitor” or “Limited-Term” and expire after one year or when the individual’s period of lawful presence ends.
An advisory from the Secretary of State issued Tuesday afternoon stated that while citizens should not use these types of IDs to vote, poll workers should nonetheless offer a regular ballot to people on the voter rolls who present a noncitizen ID. This contrasts with previous guidance from the Secretary of State’s office in 2018, which specifically stated that DPS-issued driver’s licenses and personal identification cards “should not be used if ‘Limited Term’ or ‘Temporary Visitor’ appears on the face of the card, as this indicates the person is not a U.S. Citizen.”
Instead, voters with such IDs were urged to show other forms of identification, including naturalization certificates or passports.
After backlash, Nelson has issued “updated guidance” reversing the decision:
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.
After issuing the initial advisory, Nelson had asked Attorney General Ken Paxton for further guidance though stated she updated the guidance prior to receiving a response.
“Secretary of State Nelson did the right thing,” said Paxton. “Her amended election advisory closes a potential loophole that could have allowed noncitizens to attempt to vote. Texas must do everything in its power to prevent noncitizens from voting, and this is a critical step toward securing our elections.”
U.S. Rep. Chip Roy reported Thursday evening that, according to DPS, 2,824,613 noncitizens have driver’s licenses or IDs issued by the state.
