By Matthew Holloway |
In a letter addressed to the county recorders of Arizona, America First Legal, on behalf of the Arizona Free Enterprise Club and Strong Communities Foundation of Arizona wrote to remind the recorders of their legal obligation to scrub the voter rolls of any foreign nationals prior to the November 2024 General Election pursuant to 2022’s House Bill 2492, which was penned by the Arizona Free Enterprise Club.
Scot Mussi, President of the Arizona Free Enterprise Club, said in a press release, “With the General Election quickly approaching, Arizonans still have serious concerns about the integrity of their votes – and for good reasons.”
He added, “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.”
HB2492, passed in 2022 and signed into law by then-Governor Doug Ducey enhanced the legal guardrails of the Arizona voter registration process, ensuring that proof of citizenship is required to ensure only U.S. citizens are voting in our elections. The law, one of two recently upheld by the Ninth Circuit Court of Appeals, requires that these county officials “shall record the efforts made to verify an applicant’s citizenship status.”
The law further established the consequences should they fail to do so, notably “if the county recorder or other officer in charge of elections fails to attempt to verify the citizenship status of an applicant … and the county recorder or other officer in charge of elections knowingly causes the applicant to be registered and it is later determined that the applicant was not a United States citizen at the time of registration, the county recorder or other officer in charge of elections is guilty of a class 6 felony.” According to the Arizona Free Enterprise Club, the letter provides three arguments for the county 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 letter singed by James Rogers of the America First Legal Foundation concludes with a request that by the close of business on July 23rd, the county recorders confirm tha they have “(1) Submitted a request to DHS for citizenship confirmation of all federal-only voters registered in your county; (2) Submitted the list of your county’s federal-only voters to the Attorney General; and (3) Posted the number of federal-only voters registered as of January 2, February 20, April 1, and July 1, 2024, on the county recorder website.”
It finally warns that should any of the county recorders fail to do so, the Arizona Free Enterprise Club and Strong Communities Foundation of Arizona may take legal action to compel them to do so.
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
