Two groups, the Arizona Free Enterprise Club and Strong Communities Foundation of Arizona, through attorneys with America First Legal, wrote a letter to each of the 16 county recorders in the state, reminding them of their obligation to remove foreign citizens from their voter rolls ahead of the November 2024 General Election.
In 2022, the Arizona Legislature passed – and then-Governor Doug Ducey signed – HB 2492, which bolsters safeguards to the state’s voter registration process to require proof of citizenship ensuring only U.S. citizens are voting in our elections. This legislation cracks down on state voter registration forms submitted without Documentary Proof of Citizenship, requires counties to attempt to ascertain the citizenship status for those who utilize the federal form, and makes proof of citizenship a requirement to vote by mail and for President of the United States. A district judge recently upheld many of the voter list maintenance provisions after challenges from liberal special interests and the Biden-led Justice Department.
HB 2492 was authored by the Arizona Free Enterprise Club.
“With the General Election quickly approaching, Arizonans still have serious concerns about the integrity of their votes – and for good reasons,” said Scot Mussi, President of the Arizona Free Enterprise Club. “It is unconscionable why any county would fail to clean its voter rolls to ensure that only American citizens are able to vote in U.S. elections. We intend to follow through with aggressive litigation should any of these elections’ officials ignore our request for strict compliance with state and federal laws. Arizonans deserve no less.”
In the letter, the coalition presents three arguments for county elections officials to consider.
First, that state and federal law prohibit foreign nationals from voting or registering to vote. No foreign national is authorized to register to vote in or to vote in state or federal elections, regardless of immigration status; and that there are severe immigration-related consequences for any violations. According to the Arizona Secretary of State’s Office, there are 35,273 registered voters in the state as of April 2024, who failed to provide proof of citizenship.
Second, that state and federal law impose requirements for counties to conduct voter list maintenance and remove foreign nationals from voter rolls. Arizona law requires counties to perform monthly list maintenance to confirm the citizenship of federal-only voters, and the Help America Vote Act (HAVA) requires list maintenance to ensure the removal of ineligible voters. The Arizona Attorney General is also required by law to verify proof of citizenship of these voters.
Finally, that county recorders have access to Department of Homeland Security (DHS) to verify citizenship or immigration status of registered voters on voter rolls – and DHS has a legal obligation to provide such information. These tools, enacted by the U.S. Congress, have existed for decades, along with provisions to initiate legal action should DHS fail to comply.
The coalition warns that failure from any county recorders to adhere to their responsibilities under the law may result in legal action.
