Trump-Aligned Group Takes Legal Action Against Richer Over Voter Roll

A group with ties to Republican interests has initiated what appears to be the first in a likely series of lawsuits against county officials. The basis of the lawsuit is the alleged failure to verify and purge voter rolls of non-citizens.

America First Legal, an organization formed by a former adviser to Donald Trump, claims that Maricopa County Recorder Stephen Richer is violating state and federal laws. They assert he isn’t utilizing tools at his disposal to determine if any of the over 26,000 people who registered using a federal form are ineligible to vote.

Attorney James Rogers concedes that federal law allows individuals to register using that federal form without the “documented proof of citizenship” required for the state form. However, voters using the federal form are only permitted to vote in presidential and congressional elections.

Rogers has petitioned Maricopa County Superior Court Judge Danielle Viola to mandate that Richer use “all available resources” to check the citizenship status of those who signed up with the federal form. He also wants the judge to instruct Richer to forward the names of everyone on the federal-only voter list to Attorney General Kris Mayes for further investigation.

Rogers sent a letter to Richer last month threatening legal action if these steps were not taken. Richer responded that his office is adhering to the law.

Other county recorders received identical demands. Pima County Recorder Gabriella Cazares-Kelly and others responded, asserting they are already compliant with legal requirements. So far, the lawsuit targets only Richer, with no immediate explanation for his being singled out.

Legal filings indicate America First Legal’s dissatisfaction with Richer. Rogers disputes Maricopa County’s claim of compliance with voter registration laws, calling it “false.” He also challenges Richer’s assertion that he lacks the authority to request the Department of Homeland Security to verify the names on the federal-only list.

The lawsuit demands that Judge Viola order Richer to take actions it claims are legally required. Richer’s office, in a prepared statement, emphasized their commitment to maintaining accurate voter rolls. The statement noted that under Richer’s leadership, over 400,000 voters have been removed from the rolls since January 2021, in compliance with legal standards.

Rogers acknowledges limitations on what county recorders can do but contends that other laws necessitate actions like verifying citizenship status. America First Legal has not provided evidence that anyone on the federal registration list is ineligible to vote. Aaron Thacker, press aide to Secretary of State Adrian Fontes, has criticized the assumption that many non-citizens are registered to vote.

Stephen Miller, president of America First Legal, argues that the organization is seeking to prevent non-citizens from voting in the 2024 elections. He accuses Maricopa County of violating state law by not removing non-citizen voters.

Rogers refers to public sentiment, citing surveys showing Arizonans are concerned about election integrity. He emphasizes the lawsuit aims to restore public trust by ensuring non-citizens cannot influence election outcomes.

Although Miller and Rogers front the legal challenge, the plaintiff is the Strong Communities Foundation of Arizona, a nonprofit charity.