
A federal judge in Arizona has rejected a request to verify the citizenship of thousands of registered voters ahead of the upcoming election.
At a Glance
- A federal judge denied a request for pre-election citizenship checks on Arizona voters
- The lawsuit was filed by Strong Communities Foundation of Arizona, linked to former Trump advisor Stephen Miller
- Arizona has a bifurcated voting system, allowing some to vote only in federal elections
- The judge ruled the group lacked standing and filed too close to the election
- No evidence of non-citizens registering or voting in Arizona was provided
Judge Rejects Citizenship Check Request
In a significant ruling, a federal judge has denied a request from the Strong Communities Foundation of Arizona to mandate pre-election citizenship checks on thousands of registered voters. The conservative group, which has ties to former Trump advisor Stephen Miller, sought to confirm the citizenship status of individuals registered under Arizona’s federal-only voting system.
The judge’s decision underscores the complexities of Arizona’s unique voting system and the ongoing debates surrounding election integrity. Arizona state law requires potential voters to present documentary proof of citizenship to register. However, this requirement cannot be enforced on individuals using the federal voter registration form, resulting in a bifurcated system where some voters can participate only in federal elections.
Legal and Logistical Hurdles
Judge Krissa Lanham cited several reasons for denying the request. First, she ruled that the Strong Communities Foundation lacked proper standing and failed to demonstrate harm if the order was not issued. Additionally, the lawsuit was filed just 24 days before early voting began, which the judge deemed unacceptable.
Judge Lanham ruled that “the court declines to order Arizona’s county recorders to divert resources from preparing for the general election to instead submitting thousands of requests to DHS.”
Importantly, the National Voter Registration Act prohibits removing voters from rolls within 90 days of an election, further complicating the group’s request. The judge emphasized the logistical challenges of running elections and the lack of evidence to justify diverting resources for citizenship checks.
Lack of Evidence and Reliance on Public Opinion
A critical factor in the judge’s decision was the absence of concrete evidence supporting the need for these checks. The challengers provided no proof of non-citizens registering or voting in Arizona. Instead, they relied on a public opinion poll, which the judge found insufficient to justify such a significant action.
“Plaintiffs do not provide any plausible factual allegations supporting this belief,” she wrote. “Moreover, their claims about the likely results of the investigation rely on a public opinion poll.” Source
The lawsuit claimed that failing to verify citizenship could lead to vote dilution and undermine election integrity. However, without tangible evidence of non-citizen voting, these claims failed to persuade the court.
Existing Safeguards and Future Implications
Maricopa County Recorder Stephen Richer defended the existing voter verification steps as legally sufficient, stating that he uses all available resources for verification. This stance was echoed by other election officials, who emphasized the rarity of non-citizens attempting to register or vote.
“Reality has proven that, as a general rule, those who are not citizens do not register to vote,” Cazares-Kelly said. “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.”
While this ruling maintains the status quo for the upcoming election, it’s clear that the debate over voter citizenship verification in Arizona is far from over. The Strong Communities Foundation is reportedly evaluating the ruling, suggesting that further legal challenges may be on the horizon.
Sources:
- https://news.bloomberglaw.com/health-law-and-business/arizona-voter-lists-dont-need-pre-election-citizenship-check
- https://www.democracydocket.com/news-alerts/federal-judge-denies-right-wing-challenge-to-arizona-voter-roll-maintenance-practices/
- https://tucson.com/news/state-regional/government-politics/elections/politics-election-citizenship-ballot-strong-communities-foundation-of-arizona/article_ce9fd38c-88b7-11ef-b52c-53a302ab8e05.html
- https://www.theepochtimes.com/us/judge-rejects-arizona-groups-bid-to-investigate-citizenship-of-42000-federal-only-voters-5741086
- https://yourvalley.net/stories/federal-judge-rejects-arizona-groups-vote-request,539633
- https://www.scotusblog.com/2024/08/justices-allow-arizona-to-enforce-proof-of-citizenship-law-for-2024-voter-registration/
- https://azmirror.com/2024/08/22/scotus-arizona-may-require-proof-of-citizenship-on-state-voter-forms-at-least-for-now/
- https://www.washingtonpost.com/politics/2024/09/30/adrian-fontes-arizona-noncitizen-voters/
- https://www.pbs.org/newshour/politics/arizona-high-court-rules-nearly-98000-people-whose-citizenship-hadnt-been-confirmed-can-vote-the-full-ballot
- https://www.votebeat.org/arizona/2024/09/17/citizenship-proof-records-error-federal-only-voter-registration-eligibility