(Texas Scorecard) – A new advisory from the Texas Secretary of State’s office directs election workers to accept driver licenses issued to noncitizens as voter identification, even though state-issued training materials indicate they should not be accepted.
The advisory issued Tuesday afternoon also fails to mention that naturalization certificates may be used as voter ID.
The Texas Department of Public Safety does issue drivers licenses and personal identification cards to lawfully present noncitizens, but the IDs are clearly marked “Temporary Visitor” or “Limited-Term” and expire after one year or when the person’s period of lawful presence expires.
Christina Adkins, director of elections in the Texas Secretary of State’s office, issued the Election Advisory. She first stated that Texans should not use this type of ID to participate in elections.
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. 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,” Adkins advises in the memo.
The advisory then directs poll workers to offer a regular ballot to people on the voter rolls who present a noncitizen ID:
The 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.
“If the individual does not have further questions or concerns and wishes to proceed to vote, the individual should be offered a regular ballot,” the advisory continues.
Republicans in Denton County had asked state officials for clarification after their local election administrator told poll worker trainees they should accept voters who present the noncitizen IDs.
Past election worker training materials have stated that these documents are not acceptable forms of identification for voting under the state’s photo voter ID law.
A 2018 training guide published by the Texas SOS entitled “Providing Identification for Voting in Texas” specifically notes that DPS-issued drivers 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.”
The state’s 2024 training guide does not mention “Limited Term” IDs but does link to the 2018 guide in its list of resources.
Responding to questions during a recent poll worker training class, Denton County Elections Administrator Frank Phillips told attendees that he had spoken with “the elections director for the secretary of state” and was advised that if a person is on the county’s voter rolls, then they should be allowed to vote—even if they show noncitizen ID.
“We’re assuming this person was a not a citizen when they got their drivers license, became a naturalized citizen and registered to vote, but still doesn’t have their new drivers license,” said Phillips in a video shared by Lisa Hendrickson, a Denton County resident and member of the State Republican Executive Committee.
“So if they’re on your poll pad, they’ve gone through the application and state approval process through the secretary of state’s office. So according to the secretary of state, they’re a citizen and eligible to vote,” Phillips concluded.
“This is NOT okay! There is no way that the SOS is verifying that they are citizens,” Hendrickson posted on X along with the video of Phillips’ remarks.
Phillips suggested that backlogs at DPS were to blame for these voters’ lack of acceptable ID. But under his assumption, the voters in question would have naturalization certificates, which are an accepted form of voter ID in Texas.
The following is a list of acceptable photo IDs at the polling place:
- 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 the person’s photograph
- United States Citizenship Certificate containing the person’s photograph
- United States Passport (book or card)
Adkins’ advisory failed to mention that naturalization certificates are an accepted form of ID for Texas voters.
The advisory adds that if an election judge or clerk has reason to believe a voter is not a United States citizen, they “may bring this to the attention of the county voter registrar.”
It also reminds election workers that “it is state criminal offense to knowingly allow a noncitizen to vote.”
“It’s important to have clarity and make sure all voters are eligible citizens,” Christine Welborn, president of election accountability group Advancing Integrity, told Texas Scorecard. “The 2025 Texas Legislature needs to pass bills that ensure only citizens are voting in Texas elections in the future.”
More information on voting can be found at the secretary of state’s VoteTexas website.