Texas Republicans Want to Change the Constitution

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Republican voters supported two ballot propositions regarding amendments to Texas’ Constitution on Tuesday that would make changes to the state’s election process.

GOP primary goers were presented with 13 ballot propositions in addition to casting a vote for the next Republican presidential nomination. Among them included two questions regarding the state’s higher law: whether the Texas Constitution should be amended to “restore authority to the Texas Attorney General to prosecute election crimes,” and if the Constitution should explicitly “require proof of citizenship before any individual can be registered to vote.”

Voters wait in line on Super Tuesday at the Menchaca Road Branch, Austin Public Library on March 5, 2024, in Austin, Texas. State Republicans supported two ballot propositions on the primary Tuesday that would amend…


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The Context:

Texas was one of 15 states to hold presidential primaries for both major political parties on Tuesday. Unsurprisingly, both party frontrunners–former GOP President Donald Trump and Democratic President Joe Biden–won by a landslide on their respective ballots.

The ballot propositions included on the Republican primary ballot are non-binding, but provide the Texas GOP with an insight into what issues are top on voters minds heading into November. Democratic primary voters did not weigh-in on any ballot propositions during Super Tuesday voting.

What We Know:

Election integrity has become a top issue for Republicans following Trump’s claims that the 2020 presidential election was stolen from him due to widespread voter fraud. The former president’s accusations, however, have yet to be proven.

Under a Texas Court of Criminal Appeals decision in 2021, states’ attorney general is barred from criminally prosecuting individuals who violate Texas’ election code. The state’s top prosecutor, however, is allowed to seek civil injunctive relief in some election violations.

During Tuesday’s election, 90 percent of Republicans agreed that the Texas constitution should be changed to allow the attorney general to prosecute election crimes, according to the Texas Secretary of State’s website.

Article 6 of the Texas Constitution also defines qualified voters as U.S. citizens or “residents” of the state that has registered to vote. The Texas Secretary of State also requires voters to present an acceptable form of photo identification when voting in person. While Congress pass a law in 1996 that prohibits noncitizens from voting in federal elections, only seven states bar noncitizens from their state and local elections–Alabama, Arizona, Colorado, Florida, Louisiana, North Dakota and Ohio. No states’ constitution, however, explicitly allows noncitizens to vote.

More than 96 percent of Texas Republicans want the state constitution changed so that Texans needs to show proof of citizenship before registering to vote.