A fresh legal battle is brewing in Arizona, as a new federal lawsuit accuses all 15 counties of failing to properly maintain their voter rolls by removing foreign nationals. The lawsuit, filed by America First Legal in the U.S. District Court for the District of Arizona, asserts that county recorders did not fulfill their legal duty to purge noncitizens from their rolls, potentially leaving the state vulnerable to foreign interference in elections.
Legal Action Targets County Recorders
America First Legal, a foundation closely associated with former President Donald Trump, claims the counties’ recorders have “failed to take the actions required by law to ensure that foreign citizens are removed from their voter rolls.”
According to state law, monthly voter roll maintenance is mandatory, and recorders must provide the state attorney general with a list of voters who have not provided satisfactory proof of citizenship. However, the lawsuit alleges this responsibility has been neglected, sparking concerns about election integrity.
Citizenship Verification Controversy
One key point in the lawsuit is Arizona’s unique registration system, which allows individuals to register for federal elections using a form that doesn’t require documented proof of citizenship. Documentation, however, is mandatory for state and local elections. The U.S. Supreme Court recently upheld this bifurcated system, maintaining the status quo in federal elections.
America First Legal argues that the best method for ensuring only U.S. citizens are registered is by submitting a citizenship verification request to the U.S. Department of Homeland Security. “It’s about making use of every available legal authority to tighten down and make sure that you are confident that no noncitizens are going to be on the voter rolls or are going to be voting in any election,” Gene Hamilton, executive director of AFL, told Blaze News.
Discrimination Against Naturalized Citizens?
Further complicating the issue, the lawsuit alleges that the current system is discriminatory toward naturalized citizens, who face additional scrutiny when registering to vote. One plaintiff in the case, Yvonne Cahill, is a naturalized citizen, further highlighting this aspect of the lawsuit.
Maricopa County’s Role
Last month, America First Legal initially filed the lawsuit in state court, targeting Maricopa County. AFL alleges that Maricopa has a history of
“employing procedural maneuvers to delay election cases and keep them from being heard on the merits.”
After Maricopa moved the case to federal court, AFL expanded its litigation to include the other 14 counties in Arizona.
According to the lawsuit, 1% of likely voters in a recent survey admitted they are not U.S. citizens. More concerning, over 16,000 voters have been removed from voter rolls in states like Alabama, Ohio, Texas, and Virginia for being noncitizens—of which at least 2,000 had cast ballots.
“We are taking emergency action to secure our elections,” AFL President Stephen Miller told Blaze News. “In addition to Maricopa, we are now suing 14 additional counties in Arizona for refusing to remove illegal aliens and noncitizens from their voter rolls. America First Legal will do everything in its power to fight mass illegal alien voting and foreign interference in our democracy.”
County Responses
Despite the serious accusations, not all county recorders have been vocal in response. Josh Heywood, spokesperson for Maricopa County recorder Stephen Richer, offered this defense:
“The Maricopa County Recorder’s Office prioritizes and prides itself on maintaining accurate, up-to-date voter rolls. Under Recorder Stephen Richer’s leadership, voter list maintenance has remained a top priority, removing more than 400,000 voters from the rolls since January 2021. As an administrative office, we will continue to follow the letter of the law.”
Pima County recorder Gabriella Cázares-Kelly’s office also responded to AFL’s concerns. Spokesperson Michael Truelsen provided a July letter from Cázares-Kelly, stating that her office “performs daily list maintenance to ensure compliance with applicable federal and state laws regarding citizenship.” The letter emphasized that its current procedures “are thorough and address many” of AFL’s concerns.
“As a general rule, those who are not citizens do not register to vote. In rare cases where someone who is not eligible actually attempts to register to vote, there are safeguards and laws to ensure that only eligible persons can vote,” the letter explained.
Other counties were less forthcoming. In what seemed to be an accidental reply, Polly Merriman of Graham County sent Blaze News an email stating,
“We don’t have to respond to this, correct?”
Recorders in Apache, Cochise, Coconino, Gila, Greenlee, La Paz, Mohave, Navajo, Pinal, Santa Cruz, and Yuma counties did not respond, and Yavapai County’s Michelle Burchill declined to comment altogether.
As the lawsuit progresses, the outcome could have significant implications for election procedures not only in Arizona but nationwide. With AFL’s claim that foreign nationals have been casting ballots, the pressure on election officials to address these concerns will likely intensify. Whether the courts will agree with AFL’s accusations remains to be seen.
In the meantime, America First Legal vows to continue its fight. “America First Legal will do everything in its power to fight mass illegal alien voting and foreign interference in our democracy,” Miller said. For Arizona, the stakes couldn’t be higher.
