Texas Voter Citizenship Proof Legislation Sparks Controversy
In an extensive legislative hearing held on Thursday, Texas lawmakers and concerned citizens scrutinized a GOP-backed bill that mandates proof of citizenship for voters. This proposal, which could affect millions of Texas voters, has raised alarms regarding its potential to disenfranchise eligible citizens.
Background of House Bill 5337
House Bill 5337, currently under consideration, would retroactively apply proof of citizenship requirements to existing registered voters, a move that surpasses similar regulations in other states. According to estimates from the Texas Secretary of State’s Office, approximately 500,000 registered voters may lack the necessary documentation, primarily affecting those who registered before 2000.
Houston resident Jacqueline Altman shared her experience with the committee, explaining the difficulties she faced in obtaining her birth certificate – a process that took two days and necessitated time off work. “When decisions are being made about these kinds of documentation, I ask that we take all of that into consideration,” Altman remarked, emphasizing the challenges many Texans face regarding access to crucial documents.
What the Bill Entails
This legislation aligns closely with a similar measure from Arizona, compelling voters to provide proof of citizenship for both state and local elections. Additionally, the bill stipulates that voters who don’t furnish proof will be ineligible to vote in presidential elections, echoing Arizona’s legal framework which has faced federal court challenges.
As part of the proposed requirements, local election officials would be tasked with continual verification of voter citizenship status, under threat of felony charges for any lapses. Critics warn that such mandates could lead to inconsistent administration and potential errors, as seen in Arizona.
Rationale Behind the Bill
Proponents of the legislation argue it is a necessary step to mitigate concerns over noncitizen voting, even though evidence of such occurrences remains minimal. In a report to the Legislature, the Secretary of State noted that only 63 voter registrations were canceled for noncitizenship in 2024.
State Rep. Carrie Isaac, a key supporter of the bill, reiterated that the objective is to ensure noncitizens are not allowed to register and vote. However, this assertion has been met with scrutiny. State Rep. John Bucy challenged the data used to justify the bill, stating, “The system we have is working. We’re catching people. We’re cleaning the rolls, and they’re not voting.”
Potential Impacts on Voter Accessibility
Research indicates that a lack of access to citizenship documents could pose a larger societal issue compared to noncitizen voting itself. A recent study highlighted that 1% of registered Republicans lack proof of citizenship, while 7% face challenges in accessing their documents. In contrast, nearly all Democrats possess the necessary documentation.
The proposed legislation does make provisions for several forms of documentation, allowing voters to prove their citizenship through:
- A copy of a U.S. passport
- A passport card
- A certified copy of a state-issued birth certificate
- U.S. citizenship papers
- Identification from the U.S. agency responsible for citizenship and immigration
- A consular report of birth abroad for citizens born outside the U.S.
If voters are unable to present proof at the polls, they will have a six-day window to provide it; otherwise, their votes will only count for congressional races.
Concerns from Minority Communities
Notably, the bill does not recognize tribal documentation as valid proof of citizenship, a point raised by Cecilia Flores of the Alabama-Coushatta Tribe of Texas, who advocated for its inclusion. During the discussion, she highlighted generational issues surrounding access to birth certificates within tribal communities.
Next Steps
The House committee has yet to finalize the bill, with discussions about possible amendments to expand the list of acceptable identification ongoing. Both the House and Senate must agree on a version of the legislation before it can reach Governor Abbott’s desk for approval.
This crucial debate on voter citizenship proof requirements in Texas encapsulates a broader national conversation about voting rights, access, and the complexities surrounding election administration.
Natalia Contreras covers election administration and voting access for Votebeat in partnership with the Texas Tribune. She is based in Corpus Christi.