Maricopa County Recorder Rejects Legal Bid to Remove Foreign Citizens from Voter Rolls

By Merissa Hamilton

This week, the Maricopa County Attorney’s office dismissed concerns raised by America First Legal (AFL) about removing foreign citizens from voter rolls. Representing the Maricopa County Recorder, the Attorney’s office rebuffed these concerns despite a significant increase in voters who haven’t provided proof of citizenship.

Arizona law mandates voter registrants to provide documentary proof of citizenship. However, federal-only voters, who can register for federal races without such proof, have surged by over 32% since last October in Maricopa County. The 2013 Supreme Court decision allows them to simply attest to their citizenship by checking a box on the federal voter registration form.

Over 26,000 federal-only voters are currently registered in Maricopa County, a county where just over 10,000 votes determined the 2020 Presidential Election outcome. AFL’s letter sent to all 15 Arizona County Recorders reminds them of their legal obligation to remove foreign citizens from voter rolls and points to federal tools that could assist in this.

The letter cites Arizona law, which requires county recorders to utilize federal databases to verify citizenship status, as per A.R.S. § 16-165(K). Despite the illegal status, foreign nationals have previously voted, such as during the 2016 election where 19 foreign nationals were indicted for illegal voting by ICE.

AFL emphasizes that the Department of Homeland Security (DHS) can quickly verify citizenship status using the Person Centric Query System (PCQS) database. The AFL’s letter stresses: “DHS can answer all of your inquiries about the citizenship status of all presently registered voters and all persons attempting to register to vote at no cost.”

Despite this, Maricopa County Recorder Stephen Richer’s attorneys have refused to act on AFL’s concerns. Richer often dismisses worries about foreign nationals on voter rolls, attributing federal-only voter registrations to college campuses and their lower turnout rates.

Richer contends that while proof of citizenship should be required for federal elections, changing such laws falls under Congress’s purview. He has not publicly supported the SAVE Act, which seeks to mandate documented proof of citizenship for federal election registration, despite indicating support in his campaign communications.

Critics highlight Richer’s earlier resistance to additional voting security measures for mail-in ballots, questioning his commitment to stringent election administration. His dismissal of AFL’s letter and lack of transparency regarding federal-only voters’ participation suggest a reluctance to prioritize comprehensive voting roll maintenance.

The need for strict election administration to preclude foreign nationals from voting remains a contentious issue in Maricopa County. The county’s approach, particularly under Recorder Richer, continues to face scrutiny.