AUSTIN – A bill that would amend the state constitution to ensure that only American citizens can vote in Texas elections came up just short of the finish line Friday.
The House voted May 9 on Senate Joint Resolution House Joint Resolution 37. The vote was 98-18 in favor with 20 present and not voting. HJR 161 has an accompanying House measure in SJR 37.
Even with the overwhelming vote in support of the resolution, the proposed constitutional amendment needed 100 votes to pass. A third reading of the resolution will be scheduled for the future.
Kolean
| File photo
Charlie Kolean is the Texas state director for Americans for Citizen Voting, which has been pushing for passage of such resolutions in Texas and other states.
He said 13 Democrats voted for the resolution.
“We would like to thank both the Republicans and Democrats who voted for this on second reading,” Kolean said. “This is about making sure only US citizens are voting in all of Texas’ elections.
“It should be something enshrined in the constitution. According to a recent poll over 89 percent of Texans agree that only US Citizens should be voting in all of Texas elections.”
He particularly praised the Democrats who voted for it. They were Terry Canales, Philip Cortez, Josey Garcia, Bobby Guerra, Suleman Lalani, Ray Lopez, Armando Martinez, Eddie Morales, Sergio Munoz Jr., Mary Ann Perez, Claudia Ordaz and Richard Pena Raymond.
The resolution was written by Sen. Brian Birdwell (R-Granbury) and is sponsored by Rep. Candy Nobel (R-Lucas), Cortez (D-San Antonio) and Rep. Matt Shaheen (R-Plano).
“We are thrilled to see that this bill is being sponsored by both Republicans and Democrats,” Kolean previously said. “We really applaud leaders from both parties coming together to support this. There is strong bipartisan support for ensuring that only U.S. citizens vote in Texas elections. This is truly an issue that both parties can come together on.”
During a recent public hearing on HJR 161, Noble said Texas laws, elections and bond proposals should be decided by citizens and that protecting the sanctity of elections is a fundamental responsibility that voter confidence depends on.
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.
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.
The proposal would amend the state Constitution to add that persons who are not citizens of the U.S. 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 states 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.