Texas Voting Bills Could Criminalize Registration, Restrict Ballot Access

As the Texas House prepares for a public hearing on House Bill 5337 today, voting rights advocates are sounding alarms over what they describe as one of the most aggressive voter restriction efforts in the country. The bill mirrors and builds upon its Senate companion, Senate Bill 16, which has already passed the upper chamber in a quick vote with little debate.

Both bills, which require documentary proof of U.S. citizenship to register to vote, have been roundly criticized by civil rights organizations for creating steep barriers to voter registration and participation—particularly for marginalized communities.

“HB 5337 is a direct attack on the freedom to vote. It targets and intimidates Texas voters by constructing a new and unreasonable barrier to voter registration,” said Rochelle Garza, President of the Texas Civil Rights Project. “This bill weaponizes the voter registration process to disenfranchise millions of voters. It requires ALL voters to show a birth certificate or U.S. passport to register or re-register, a financial and administrative hurdle for many Texans. Texans deserve a democracy that includes all of us—not one designed to shut people out.”

Key Provisions of HB 5337:

• Requires voters to present documents such as a U.S. passport or birth certificate to register.
  
• Restricts those without documentation to voting only in federal races.
  
• Introduces state jail felonies for registering non-citizens or failing to verify citizenship.
  
• Mandates local voter registrars to verify citizenship status, increasing the likelihood of administrative errors.
  

Senate Bill 16, authored by Sen. Bryan Hughes and backed by all Senate Republicans, goes even further by applying retroactively to already registered voters. If enacted, it would bar anyone who has not presented proof of citizenship from voting in state, local, and even presidential elections. This broad application contrasts with the Arizona law on which it is modeled—one recently deemed unconstitutional by federal courts due to its discriminatory impact.

“Most Texans have already proven their citizenship when they got their driver’s license, but the feds have not allowed us to do this for voter registration. Senate Bill 16 will address that,” Hughes said during the Senate floor debate. He described the process as “seamless,” but advocates disagree, as first reported by The Texas Tribune. 

“This is going to upend the way we do elections here in Texas,” said Elisabeth MacNamara, advocacy chair for the League of Women Voters of Texas. “This is a huge burden on voters. It’s also a huge burden on election administrators and we already don’t over-resource our elections so this is going to make things a whole lot worse.”

If either bill passes, voters would be required to present one of the following to prove citizenship: a U.S. passport or passport card, a certified birth certificate, U.S. citizenship papers, immigration-issued identification, or a consular report of birth abroad. Those who cannot do so would be restricted to a federal limited ballot and given six days after voting to submit proof for their full ballot to count.

Alarmingly, TCRP notes, HB 5337 also threatens to criminalize voter registration efforts. Ordinary mistakes by voter registrars—many of whom are volunteers—could be prosecuted as felonies, creating a chilling effect on civic engagement. This provision could particularly suppress voter registration drives in Latino and immigrant communities.

As the House version goes through its first hearing, Senate Bill 16 continues to advance more quickly, having already cleared the Senate and been referred to the House Elections Committee.

In calling for lawmakers to reject HB 5337, the Texas Civil Rights Project urges voters to know their rights. “The right to vote is fundamental—and no Texan should be denied a voice in our democracy because of bureaucratic hurdles or discriminatory laws,” the group said. They recommend voters with concerns contact the Election Protection Hotline at 866-OUR-VOTE.