Texans seeking to register to vote may soon need to provide proof of citizenship, following the introduction of a bill considered by the Senate State Affairs Committee. The bill, proposed by Mineola Senator Bryan Hughes, addresses concerns over non-citizens on voter registration rolls. Between 2021 and 2024, the Department of Public Safety (DPS) removed 6,500 non-citizens from these rolls.
Senator Hughes noted that although Texas law requires US citizenship for voting in local, state, and federal elections, a 2013 Supreme Court decision has complicated the enforcement of this requirement at the federal level. However, states can require proof for state and local elections. "The presence of these voters on the voter rolls certainly raises questions about our voter registration process," Hughes said.
SB 16 aims to align with this ruling by mandating proof of citizenship for state and local election registration. Registration in Texas is primarily done through DPS offices during driver’s license transactions or via mail applications. About 85% register through DPS offices; hence, they would need to show documents like a US passport or birth certificate under SB 16.
For those registering by mail—15% according to Hughes—they must affirm their citizenship status and provide specific identification numbers. County registrars would verify citizenship through databases such as DPS and Immigration and Customs Enforcement. If verification fails, applicants will be informed about how to meet the requirements.
Applicants unable to prove citizenship could cast only a federal office ballot but must cure their application within six days post-election or present documentation at polling places. Non-citizen registrations would result in rejection and referral for investigation, with intentional violations classified as a state jail felony. “Regardless of what system one uses...proof of citizenship just makes sense,” Hughes stated.
Additionally, Hughes proposed another bill requiring distinct driver’s licenses for non-citizens to aid election officials in verifying voter eligibility quickly. This measure would have non-citizen IDs marked clearly with "NONCITIZEN" text and different orientations from citizen IDs. This change aims not only at security but also encourages new citizens to update their status with DPS upon naturalization.
