Texas Poll Workers find themselves caught in the middle of a fight between state and federal laws governing voter ID after a recent advisory from the Office of the Secretary of State (SOS). That advisory seems to tell poll workers to accept a voter with a form of ID issued only to non-citizens, but that isn’t the whole story.
The advisory addresses what a poll worker should do when a voter presents a limited-term driver’s license or ID card. A limited-term license or ID is given to someone who is not a citizen but is lawfully present in the United States. Most people would instantly say that a voter with a limited-term ID should not be given a ballot, that voter is clearly not a citizen, but others would argue that is not the case.
They would say that the voter may have been naturalized since that ID was issued so they are now a citizen and able to vote. It’s common knowledge that it can take weeks, and sometimes months, to get an appointment with the Department of Public Safety (DPS) and get an update to a license or ID. Those voters should not be penalized for delays at DPS.
The answer to this argument seems simple, the voter should have to show proof of naturalization before voting. However, the federal government, through the National Voter Registration Act (NVRA) of 1993, is keeping Texas and other states from requiring proof of citizenship before voting.
On top of that, the federal government won’t share their databases so that states can verify the citizenship status of a registered voter. Due to a legal settlement Texas has even agreed to not question the citizenship of individuals on the voter rolls, but not verified as citizens, in state databases such as DPS. The only way to remove someone from the voter rolls for not being a citizen is for them to self-identify as such to the voter registrar, at DPS, or to avoid jury duty. So, Texans are forced to take voters at their word that they are citizens of the United States.
This could be the reason behind the SOS advisory that has left everyone confused or outraged. The SOS may be reluctant to require voters to show proof of citizenship to vote in fear of legal action. The current administration’s Department of Justice (DOJ) is threatening to prosecute for voter intimidation for the mere suggestion of consequences to illegal voting. This would, however, seem to still put poll workers in legal jeopardy if they strictly follow this advisory.
What Texans need right now is a further clarification for poll workers. What they need in the future is clarification in the law, both in the Texas Legislature and the U.S. Congress. Advancing Integrity will be fighting to keep non-citizens from voting in Texas elections. Please stand with us by contributing to our work today.