Politics
Legal Group Secures Monumental Election Integrity Win In Swing State
America First Legal recently secured a groundbreaking election integrity victory in Arizona over the presence of non-citizens on voter rolls. As a result, all 15 counties in the pivotal swing state are now working to remove non-citizens from the state’s voter rolls.
On September 4, 2024, AFL filed a lawsuit against all 15 Arizona counties on behalf of its clients, Strong Communities Foundation of Arizona, known as EZAZ.org, and Yvonne Cahill, a registered voter and naturalized citizen. The lawsuit stemmed from Arizona’s unique voter registration system, which, unlike almost every other state, requires documentary proof of citizenship to vote in state and local elections, the legal group explained in a press release.
The release further noted that the U.S. Supreme Court has ruled that in federal elections, states cannot impose additional voter registration requirements beyond what the federal voter registration form requires, which requires prospective voters to simply check a box affirming they are indeed U.S. citizens.
“Therefore, if someone registering to vote in Arizona refuses to provide proof of citizenship, the state is required to allow that person to vote in Arizona’s federal elections, unless the state discovers that the individual is an ineligible voter. However, Arizona law still requires proof of citizenship to vote in state and local elections,” the press release continues.
In total, nearly 50,000 people have registered to vote in the Grand Canyon State without providing proof of citizenship. These voters are permitted to vote in federal elections, but not in state or local elections.
Under Arizona law, county recorders are required to conduct monthly list maintenance to confirm the citizenship of federal-only registered voters. Voter registrations found to have been made by non-citizens are required to be cancelled, while those who are confirmed to be citizens are moved onto the regular voter list and allowed to vote in state and local elections.
Recorders had not been utilizing all available resources to verify the citizenship status of registered until AFL filed its lawsuit, when all 15 county recorders were notified of all resources available to them and their legal obligation to verify voter rolls.
“Two federal statutes, 8 U.S.C. § 1373(c) and 8 U.S.C. § 1644, authorize state and local officials to obtain information about the citizenship or immigration status of any individual for any lawful purpose. Until now, county recorders haven’t invoked this law to get DHS’s assistance to verify the citizenship of federal-only voters,” AFL’s press release reads.
On January 20, the day he was sworn in, President Trump signed an executive order requiring the Secretary of Homeland Security “to ensure maximum compliance by Department of Homeland Security personnel with the provisions of 8 U.S.C. 1373 and 8 U.S.C. 1644 and ensure that State and local governments are provided with the information necessary to fulfill … citizenship, or immigration status verification requirements authorized by law.”
In a follow-up order issued on March 25, the president cited one of the statutes and affirmed that “the Department of Homeland Security is required to share database information with States upon request so they can fulfill this duty” of preventing non-citizens from voting.
Late last year, the county recorders of Yavapai and Mohave Counties settled the case and asked DHS to assist the counties in verifying the citizenship of federal-only voters. Last month, Maricopa County and the states 12 remaining counties joined in sending requests to DHS to verify the citizenship of federal-only voters.
“This settlement is a great result for all Arizonans. This will help County Recorders find and remove any aliens on their voter rolls. It will also potentially enfranchise federal-only voters whose citizenship is confirmed, which would allow them to vote in State and local elections. AFL congratulates each of Arizona’s 15 County Recorders for taking this bold and important step for election integrity in the State,” said America First Legal Senior Counsel James Rogers in response to the move.
