AUSTIN – A resolution to amend the Texas Constitution to clarify that voters residing in the Lone Star State must be U.S. citizens has already passed the Senate and is set for a public hearing in the House later this week.
Several cities and counties across the nation already allow non-citizens to cast votes in elections.
In 2023, the Texas Legislature failed to pass a measure to ensure any of its municipalities could not join the growing list. Since then, 11 states have passed similar amendments.
Earlier this month, SJR 37, which proposes a constitutional amendment clarifying that a voter must be a U.S. citizen, passed the Senate.
The resolution’s companion, HJR 161, is scheduled for a public hearing on Thursday, April 24.
Charlie Kolean, the Texas state director for Americans for Citizen Voting, says it’s time for the House to follow the Senate’s lead.
"The Texas Senate has spoken loud and clear—this resolution to ensure only U.S. citizens vote in our elections passed with overwhelming, bipartisan support,” Kolean said. “Now it's time for the Texas House to do the same. Texans deserve secure, transparent elections, and that starts with guaranteeing that the right to vote is reserved exclusively for American citizens.
“This is common sense, it's popular with voters across the state, and it's essential to preserving the integrity of our democratic process."
A 2023 ACV survey showed that 82 percent of Texans favored a policy of only citizens voting.
During the last legislative session, ACV sent a letter to Gov. Greg Abbott asserting that the amendment was needed because Article VI, Sections 1-2 of the Texas Constitution do not clearly prohibit non-citizens from voting.
If all Republican House members vote for the measure, eight Democrats also would need to support the bill for passage.
If the measure clears the House, the issue would then be in the hands of the voters.
The proposal would amend the state Constitution to add that persons who are not citizens of the United States shall not be allowed to vote in the state. It would be the fourth classification of people not allowed to vote. The other three are persons under 18 years of age, persons who have been determined mentally incompetent by a court and persons convicted of any felony.
If passed, the amendment would be placed before voters for the November 4, 2025, election. The ballot would be printed to permit voting for against the proposition that would say, “The constitutional amendment clarifying that a voter must be a United States citizen.”
In January, Texas Lt. Gov. Dan Patrick included a similar bill on his list of top 40 priority bills for the 89th legislative session. The difference between Birdwell’s Senate resolution and Patrick’s Senate Bill 16 is that the resolution would amend the state Constitution rather than just codify the mandate into law. Another legislative session down the road could pass another bill to change state code again. Changing the state Constitution gives the measure a few more levels of protection from that.
While non-Americans can’t vote in state or federal elections in Texas, the idea that non-citizens could vote in local and municipal elections is what Kolean’s group hopes to prevent.
In recent years, Americans for Citizen Voting has worked to have similar measures adopted in states. Last November, eight states (Iowa, Kentucky, Missouri, North Carolina, Oklahoma, South Carolina and Wisconsin) passed laws to keep non-citizens from voting. Neighboring Louisiana and Oklahoma already have passed such laws.
Currently, 20 state have laws to make sure only American citizens can vote in that state, and several other states – including Texas and neighboring Arkansas – are actively considering such legislation.