AUSTIN - Ceding control of the democratic process is antithetical to the vision of the Founding Fathers, says state Rep. Travis Clardy.
More than a dozen states and municipalities around the nation already allow non-citizen voting in local elections.
Clardy, a Republican representing District 11, believes the issue is one that could jeopardize election integrity.
“There is no issue, no cause, no principle more essential and fundamental to the survival of our Republic than election integrity,” Clardy told The Record.
“The notion that our citizens would cede control of our democratic process to people who do not share our values and our bravely earned heritage is antithetical to the vision created by our founders of a government formed with and by the consent of the governed.”
Earlier this month, Americans for Citizen Voting (ACV) sent a letter to Gov. Greg Abbott, urging him to support an amendment to the Texas Constitution clarifying that a voter in Texas state elections must be a U.S. citizen.
In the letter, ACV asserts the amendment is needed because Article VI, Sections 1-2 of the Texas Constitution do not clearly prohibit non-citizens from voting.
“Specifically, Article VI provides that one who is a United States citizen is qualified to vote but does not state that noncitizens are prohibited from voting,” the letter states. “Although the Texas Election Code currently expressly prohibits noncitizens from voting, it could be amended relatively easily by a future legislature to permit noncitizen voting."
ACV further asserts that State v. Stephens, which found that a statute allowing the attorney general to prosecute election law violations is unconstitutional, could prevent the AG from prosecuting election law violations, including rogue municipalities that allow non citizens to vote.
“Given the importance of this issue and the fact that the Attorney General cannot prosecute Election Code violations himself, Americans for Citizen Voting respectfully requests that you support legislation to amend the Texas Constitution to clarify that noncitizens cannot vote in any Texas elections,” the letter states.
An ACV poll shows that 82 percent of Texans support citizen only voting.
During the past Texas legislative session, Senate Joint Resolution 35 was introduced, which proposed a constitutional amendment clarifying that voters must be U.S. citizens. The measure passed the Senate 29-1, but was blocked in the House when 54 Democrats voted "present."
Supporters of the measure hope a similar amendment could be added to a special session.
Last October, the D.C. Council voted to allow non-citizen residents the right to vote in local elections.
On Feb. 9, the House passed HJR 24, disapproving the action of the D.C. Council in approving the Local Resident Voting Rights Amendment Act of 2022. A total of 260 representatives voted in favor of the resolution, including 42 Democrats, several of which call Texas home.
Clardy serves the counties of Nacogdoches, Newton, Panola, Rusk, Sabine and Shelby.
The ACV letter was authored by Michael Columbo, a partner at the Dhillon Law Group.