Texas Leads the Way Against Noncitizen Voting

Ahead of the November 2024 Election, Texas Secretary of State Jane Nelson reminds Texans of measures the state takes to stop noncitizen voting.

“The State of Texas uses safeguards and checks against noncitizen voting, which is illegal under state law” said Secretary Nelson.

State and federal laws prohibit noncitizens from registering and voting in any Texas election. When registering to vote, Texans must attest to being a U.S. citizen. Providing false information on a voter registration form subjects applicants to criminal penalties, including jail time and a fine. It is a second-degree felony for a noncitizen to vote in Texas, under House Bill 1243 which Governor Greg Abbott signed into law last year.

In 2021, Governor Abbott signed into law Senate Bill 1 (SB 1), which created additional election integrity measures including ongoing citizenship checks of Texas voter rolls and ID requirements for mail-in ballots. The law also increased penalties for false statements on a voter registration application.

The Secretary of State’s Office regularly obtains data from the Department of Public Safety (DPS) on noncitizens and compares it to the statewide voter registration database. The Secretary’s Office also receives information from Texas courts about people who have been excused or disqualified from jury duty because of noncitizenship. The Secretary of State uses this data to identify potential noncitizens and sends these records to county voter registrars to investigate the voter’s eligibility. Those who are determined to be ineligible or who fail to respond within the allotted time are removed from the voter roll. In the last three years since SB 1 was signed into law, thousands of noncitizens have been removed from the voter roll.

County voter registrars are also required to review their voter registration records and send notices to any voter who the registrar reasonably believes is not eligible for registration, including due to noncitizenship. Any Texan can challenge a voter’s registration due to lack of U.S. citizenship by filing a sworn statement with the county registrar. A challenge results in a hearing and cancellation of the voter’s registration if the voter cannot produce adequate proof of citizenship. If a registrar determines that a person on the voter rolls, including a noncitizen, is ineligible to vote, they must report it to the Attorney General and the Secretary of State within 72 hours.

Governor Abbott also signed Senate Bill 1113 into law in 2021, which allows the Secretary to withhold funds from counties that fail to remove noncitizens from their voter rolls. Secretary Nelson said that her office “monitors each voter registrar’s list maintenance activity on an ongoing basis for compliance with their voter registration cancellation duties.”

In June, Secretary Nelson sent two advisories reminding county election officials about their obligation to update voter registration rolls, including acting on information related to noncitizen registration. “Voting is a sacred right that must be preserved for citizens who qualify under our elections laws,” said Secretary Nelson. “My responsibility is to ensure free and fair elections and that only qualified voters participate.”