A new advisory from the Texas Secretary of State’s office closed what critics say was a critical loophole that potentially would have allowed noncitizens to vote in the presidential election.

Secretary of State Jane Nelson sparked controversy earlier this month by directing election officials to accept driver’s licenses issued to noncitizens as valid voter identification.

The initial notice issued on October 8 did not mention that naturalization certificates can also serve as voter identification. While the Texas Department of Public Safety (DPS) issues driver’s licenses to lawfully present non-citizens, these IDs are marked “Temporary Visitor” or “Limited Term” and expire after one year or when the individual’s legal presence ends.

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Christina Adkins, director of elections in the Texas Secretary of State’s office, initially said non-citizen IDs should not be used to vote, but provided no specific guidance to prevent such identification documents are accepted by election officials.

“Our office has always been clear that Texans should not use this type of license to participate in elections,” Adkins emphasized in the memo.

The notice directs election officials to provide regular ballots to registered voters who present non-citizen identification. He also advised election judges to inform these people that their ID indicates they might not be U.S. citizens and to explain to them the eligibility requirements to vote in Texas.

Three days later, on October 11, Nelson issued updated guidance providing poll workers with more detailed instructions.

Nelson wrote: “When an individual attempts to vote by presenting a temporary or limited-term driver’s license (which, under federal regulations, must be issued only to non-citizens lawfully present in this country), poll workers must require the individual to produce a naturalization card or naturalization certificate demonstrating U.S. citizenship to receive a regular ballot.

Attorney General Ken Paxton was among those who applauded Nelson for his opinion.

In a statement, Paxton said, “Secretary of State Nelson did the right thing. Its amended election notice closes a potential loophole that could have allowed non-citizens to attempt to vote.

“Texas must do everything in its power to prevent non-citizens from voting, and this is a critical step toward securing our elections.”

The clarification followed several inquiries from Denton County Republicans, who were seeking clarification after a local election administrator suggested accepting non-citizen IDs. In a 2018 training guide, the Secretary of State’s office explicitly stated that IDs marked “Time Limited” or “Temporary Visitor” should not be accepted for voting.

Earlier this month, the Texas Secretary of State’s office announced that the number of registered voters in the state had surpassed 18 million for the first time. As of Sept. 23, the secretary of state’s office said there were 18.4 million registered voters in Texas, marking a milestone that reflects the state’s rapid population growth.

In September, Gov. Greg Abbott announced that election officials had removed more than 1 million people from the state’s voter rolls since 2021, including 457,000 “deceased individuals” and 6,500 “potential non-citizens.”

“Illegal voting in Texas will never be tolerated,” Abbott said in a statement.