Evergreen Reporter

America First Legal (AFL) announced a significant milestone in its efforts to uphold election integrity, as all 15 counties in Arizona initiated measures to remove non-citizens from the state's voter rolls. This action follows a legal settlement from a lawsuit filed by AFL last year. The counties are now reaching out to the U.S. Department of Homeland Security (DHS) to verify citizenship status among registered voters who have not presented proof of citizenship.

The lawsuit, filed on September 4, 2024, represented clients including the Strong Communities Foundation of Arizona, also known as EZAZ.org, and Yvonne Cahill, a naturalized citizen and registered voter. Arizona's voter registration system is relatively rare; it mandates documentary proof of citizenship for participation in state and local elections to ensure that only eligible citizens can cast ballots.

The Supreme Court previously ruled that for federal elections, states cannot add voter registration requirements beyond those outlined on the federal voter registration form, which only asks registrants to affirm their citizenship status by checking a box. Consequently, individuals registering without proof of citizenship can participate in federal elections but not in state or local ones unless their ineligibility is confirmed.

Approximately 50,000 voters in Arizona lack proof of citizenship, termed "federal-only voters," and can only contribute in federal elections. Arizona law dictates that county recorders conduct monthly maintenance to verify these voters' citizenship. Registrations of confirmed non-citizens must be canceled, while those of verified citizens are transferred to the regular voter list, permitting their participation in all elections.

Two federal laws, 8 U.S.C. § 1373(c) and 8 U.S.C. § 1644, permit requesting citizenship or immigration status information for lawful purposes. Until now, Arizona's county recorders had not fully utilized these provisions to seek DHS support for verifying federal-only voters. President Trump issued an Executive Order on January 20, 2025, directing DHS to ensure compliance with these statutes and facilitate state and local government's access to verification data. He reaffirmed these directives in a separate Executive Order on March 25, emphasizing DHS's obligation to share database information with states to prevent alien registration.

In response, AFL took legal action last year against Arizona's County Recorders, prompting Yavapai and Mohave Counties to settle by requesting DHS assistance. Recently, Maricopa County and the remaining counties followed suit, submitting similar requests.

James Rogers of AFL stated, "This settlement is a great result for all Arizonans. This will help County Recorders find and remove any aliens on their voter rolls. It will also potentially enfranchise federal-only voters whose citizenship is confirmed, which would allow them to vote in State and local elections. AFL congratulates each of Arizona’s 15 County Recorders for taking this bold and important step for election integrity in the State."

Additional information is available, and AFL continues its advocacy to safeguard constitutional rights through social media updates.