Conservative Groups Intensify Efforts for Stricter Citizenship Verification of Arizona Voters

Conservative groups are seeking intervention from a federal judge to compel Arizona counties to investigate voters lacking documented proof of citizenship. A lawsuit, filed in the U.S. District Court of Arizona, asserts that counties have failed to employ necessary methods mandated by state and federal law since the enactment of two new laws in 2022.

This legal action marks another chapter in a series of Republican-led initiatives aimed at scrutinizing voter citizenship status as the November election approaches. Advocates argue that noncitizen voting presents a significant threat, despite expert consensus deeming such occurrences exceedingly rare and illegal.

The lawsuit, launched by the Trump-affiliated America First Legal Foundation with support from the Strong Communities Foundation of Arizona, seeks to mandate detailed citizenship investigations without specifying a timeframe. Federal regulations prohibit the systematic removal of ineligible voters within 90 days of a federal election.

In July, America First Legal dispatched letters to all 15 county recorders, inquiring about compliance with the new laws. While some counties affirmed adherence to voter list maintenance, Pima County Recorder Gabriella Cázares-Kelly clarified that her office employs various tools to verify voter citizenship, working closely with the Secretary of State’s Office to meet legal requirements. “In rare cases, safeguards are in place to ensure only eligible voters participate,” Cázares-Kelly stated.

Although federal law does not demand proof of citizenship upon voter registration, Arizona requires documented evidence for state and local elections. Currently, around 40,000 registered voters, lacking such documentation, receive ballots restricted to presidential and congressional elections. Recent analyses indicate that these “federal-only” voters predominantly include younger individuals residing near college campuses and are often naturalized citizens.

Arizona’s county recorders already conduct thorough checks of citizenship status during voter registration. If verification fails, registrants are categorized as federal-only voters. The two 2022 laws aimed to impose stricter regulations and deeper investigations concerning these individuals. Legal challenges against these laws are still pending in the courts.

Earlier this year, U.S. District Court Judge Susan Bolton invalidated sections of the 2022 laws, including restrictions on federal-only voters’ ability to cast ballots for president or vote by mail. Republicans have appealed this decision, currently awaiting review by the 9th U.S. Circuit Court of Appeals, following a recent rejection by the U.S. Supreme Court of an emergency stay request.

Despite the setbacks, Bolton upheld provisions mandating more rigorous and frequent citizenship checks by recorders, as well as the requirement to report federal-only voters to the attorney general for investigation. Her final ruling occurred within 90 days of the July 30 primary election.

Initially, America First Legal targeted Maricopa County before extending its lawsuit across all counties. The Maricopa County officials reiterated their compliance with existing laws and suggested that America First Legal misinterprets the new statutes, denying any ongoing obligation to report federal-only voters to the attorney general.

The group claims inadequate list management has fostered voter distrust. In rebuttal, Maricopa County attributed any decline in public confidence to baseless lawsuits propagating unfounded claims online.

Yavapai County Recorder Michelle Burchill emphasized her thorough use of available databases to verify citizenship, noting challenges in obtaining access to a specific database mentioned by America First Legal. “I intend to utilize any available databases to ensure all U.S. citizens can vote and noncitizen registrations are eliminated,” Burchill affirmed.

This article is a news update from Arizonanews.org, focusing on legal developments surrounding voting and citizenship verification in Arizona.