Conservative Groups Amplify Demands for Stricter Citizenship Verification in Arizona Voting

Conservative groups have initiated legal action aimed at compelling Arizona counties to intensify their investigations of voters lacking documented proof of citizenship. A lawsuit filed on Wednesday in the U.S. District Court of Arizona contends that counties have not employed required methods to verify the citizenship status of these voters, as mandated by both federal and state law, including two statutes enacted in 2022.

This lawsuit marks a continuation of Republican-led efforts challenging voters’ citizenship across the nation in the lead-up to the November elections. Proponents argue that voting by noncitizens poses a critical issue in the U.S., despite expert consensus affirming the rarity of such occurrences and the illegality of noncitizen voting.

Former President Donald Trump and his supporters have claimed—without evidence—that noncitizen voting contributed to his loss in the 2016 popular vote. However, noncitizens risk serious legal consequences, including felony charges and deportation, should they attempt to vote.

Brought forth by the Trump-aligned America First Legal Foundation on behalf of the Strong Communities Foundation of Arizona, the lawsuit seeks to mandate more detailed citizenship investigations. However, it does not specify a timeline for these investigations. Notably, federal law prohibits the removal of ineligible voters from rolls within 90 days of a primary or general election.

In July, America First Legal reached out to all 15 county recorders to inquire about their compliance with the newly enacted laws. In response, multiple counties confirmed adherence to all voter list maintenance regulations. Pima County Recorder Gabriella Cázares-Kelly noted on July 26 that her office utilizes various tools to verify voter citizenship and actively collaborates with the Secretary of State’s Office to meet legal requirements.

“In rare instances where an ineligible individual attempts to register, safeguards are in place to ensure only eligible citizens can vote,” Cázares-Kelly emphasized.

While federal law does not mandate voters to provide proof of citizenship, Arizona requires documented evidence for state and local elections. Approximately 40,000 registered voters in Arizona are affected by this requirement, receiving limited ballots allowing them to vote solely for federal offices. A recent Votebeat analysis indicated that these “federal-only” voters are often younger and reside near college campuses, with many being naturalized citizens.

County recorders conduct thorough checks on voter citizenship during registration. Those who fail to provide proof after verification become classified as federal-only voters. The two new laws from 2022 are designed to further restrict voting options for these individuals and necessitate increased citizenship investigations. Legal challenges to these laws are ongoing.

This year, U.S. District Court Judge Susan Bolton struck down significant aspects of the laws, notably the sections prohibiting federal-only voters from participating in presidential elections or voting by mail. Appeals filed by Republicans are currently pending in the 9th U.S. Circuit Court of Appeals. Additionally, the U.S. Supreme Court recently rejected most of a Republican request for an emergency stay in the case.

Despite challenges, Judge Bolton upheld provisions requiring recorders to conduct more frequent citizenship checks and to provide the attorney general with a list of federal-only voters for investigation. Her ruling was finalized within 90 days of the July 30 primary.

Initially, America First Legal targeted Maricopa County but later expanded to include all counties. Maricopa County disputed the lawsuit’s claims, asserting its full compliance with existing laws. The county contends that America First Legal misinterprets the statutes, particularly regarding the requirement to report federal-only voters to the attorney general.

America First Legal argues that inadequate list maintenance erodes public trust in the electoral process. In a counterstatement, Maricopa County indicated that any loss of trust stems primarily from unfounded allegations propagated online for fundraising purposes.

Yavapai County Recorder Michelle Burchill confirmed via email to Votebeat that she employs all available databases for citizenship verification. While she seeks access to additional databases suggested by America First Legal, she reported challenges in obtaining the necessary information from the U.S. Department of Homeland Security.

“I will utilize any additional databases that become available,” she asserted. “My priority is to ensure U.S. citizens have full voting rights while preventing any non-citizens from participating in elections.”