On Wednesday, by a vote of 4-1, the Maricopa County Board of Supervisors approved a proposed settlement in Strong Communities v. Richer, clearing the way for the Maricopa County Recorder to request information from the Department of Homeland Security (DHS).
The settlement would not require County Recorder Justin Heap to send any names or lists; instead, it does require him to write a letter to DHS to see if there’s more information DHS would like from Maricopa County about federal-only voters.
According to the Board, Maricopa County was included as a party to the lawsuit but is not involved in the execution of settlement terms; that is between the current Recorder and the plaintiffs.
“Our constituents want to know that only legal voters are permitted to cast ballots in Maricopa County, so what is there to hide? I’m hopeful the Department of Homeland Security will work with our Recorder to run any additional checks they can on federal-only voters so we know for sure they are all U.S. citizens,” said Supervisor Mark Stewart.
“I’m thrilled to vote for this settlement on behalf of Maricopa County voters who care about election integrity,” said Supervisor Debbie Lesko. “To me, the intent of the original lawsuit made sense: let’s find out which of our federal-voters are citizens and which are not. If citizenship is confirmed, those voters could then vote a full ballot, rather than just a ballot with federal races, while any non-citizens would be barred from voting entirely, as the Constitution requires. I see no down side.”
“Today we took an administrative action that will end months-old litigation. Ultimately, Maricopa County should not have been a party to this lawsuit between a separated elected office—the Recorder—and the plaintiffs,” said Board of Supervisors Chairman Thomas Galvin.
“Unfortunately, this settlement feels like a step backward. I strongly believe we should be defending legal voters who have followed the law and attested to their U.S. citizenship. Instead, by settling, it feels like we’re rewarding a group trying to legislate through the judicial system and whose goal is to treat some voters like second-class citizens,” said Supervisor Steve Gallardo. “That’s why I voted no.”
“With today’s vote, we are officially stepping away from the lawsuit to allow the Recorder to move forward with a settlement which we understand won’t cost taxpayers any money,” said Vice Chair Kate Brophy McGee. “This is not a settlement in a traditional sense where damages are awarded, but simply an agreement for the Recorder to write a letter to DHS to get some clarification.”
