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Election Advisory No. 2024-31

To: All Election Officials
From: Jane Nelson, Secretary of State
Date: October 11, 2024
RE: Limited-Term Driver’s License and Identification Card (Updated Guidance)

On October 8, 2024, this office issued Advisory 2024-30 - Limited-Term Driver’s License and Identification Card regarding the use of a temporary or limited-term driver’s license to vote. The next day, the Secretary of State sought a formal legal opinion from the Office of the Attorney General on this important issue. In the absence of a response from the Attorney General, the Secretary issues this amended advisory supplementing the steps described in Advisory 2024-30.

As explained in Advisory 2024-30, election workers have an obligation under state criminal law not to facilitate illegal voting by non-citizens. See TEX. ELEC. CODE § 63.012. When an individual attempts to vote by presenting a temporary or limited-term driver’s license (which federal regulations say must be issued only to non-citizens who are lawfully present in this country) election workers must require that the individual produce a naturalization card or naturalization certificate demonstrating U.S. citizenship to receive a regular ballot.

If you have any questions about the information in this advisory, please contact the Elections Division at 1-800-252-VOTE (8683).