Bill Would Require Proof of Citizenship to Register to Vote

BILL WOULD REQUIRE PROOF OF CITIZENSHIP TO REGISTER TO VOTE

(AUSTIN) - Texans registering to vote would have to provide proof of citizenship in order to register to vote in state and local elections under a bill considered by the Senate State Affairs Committee Thursday. Committee chair and Mineola Senator Bryan Hughes said that DPS removed 6,500 non-citizens from voter registration rolls between 2021 and 2024. "The presence of these voters on the voter rolls certainly raises questions about our voter registration process and how so many non-citizens were able to register," he said. While Texas law requires that a person be a citizen of the US to register to vote in local, state, and federal elections, Hughes said that a 2013 Supreme Court case relating to a similar Arizona statute complicated the matter. The Court found, and has subsequently upheld, that states could not require proof of citizenship at the point of registration for federal elections but could do so in state and local elections. Hughes said that his bill, SB 16, is crafted in such a way to comport with this ruling.

There are two primary ways to register to vote in Texas: at a DPS office when renewing or registering for a driver's license, or via a mail application. Most people, about 85 percent said Hughes, get registered through the first method, and so the bill would require individuals to show proof of citizenship when renewing or registering for their first license. Acceptable forms of proof under the bill include a US passport, birth certificate, citizenship papers in the case of a naturalized citizen, or an ID issued by federal immigration authorities.

For the 15 percent that register through a mailed paper application, they must attest to the fact that they are US citizens and provide a Texas driver's license or official ID number or the last four digits of their Social Security number. County registrars would also be required to independently verify citizenship through various state and federal databases, including DPS, Social Security, and Immigration and Customs Enforcement. If election officials can't verify their status from that information, applicants would then be notified about the proof of citizenship requirement and how to meet it. The bill allows voters to cure their applications and prove citizenship by presenting accepted documentation when they appear at a polling place to cast their vote, or up to six days after the election. If they can't, then they would be allowed to cast a limited, federal office-only ballot. If the registrar finds that an applicant is a non-citizen, then the application is rejected and the applicant is referred to the county attorney for investigation. The bill makes it a state jail felony for non-citizens to intentionally register to vote. "Regardless of what system one uses to register to vote, proof of citizenship just makes sense," said Hughes. "Looking at all the states, and the current law, and the current Supreme Court, we believe this is our best hope."

Hughes also offered a bill that would require that a state driver's license or personal ID card issued to lawfully present non-citizens be easily distinguishable from those issued to US citizens. This would let election officials quickly verify the citizenship of voters when they present a Texas ID, said Hughes. "A non-citizen could become registered to vote and produce a Texas-issued license or identification certificate when voting, neither of which makes it immediately clear to election officials that the holder is a non-citizen and is ineligible to vote," he said. His bill, SB 964, would require DPS to develop visually distinct ID cards to issue to lawfully present non-citizens with altered orientation and the text "NONCITIZEN" on the front. In addition to improved security, Hughes said he thinks the new requirement will make it more likely that ID holders who go on to become citizens will update their status. "Hopefully it will encourage them, when they get their citizenship, to go to DPS and get a standard license and provide their information to DPS in that process," he said.

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