by Matthew Holloway | Oct 19, 2025 | News
By Matthew Holloway |
The U.S. Department of Justice (DOJ) has filed a brief in support of Arizona’s law requiring proof of citizenship to vote. The intervention comes in Mi Familia Vota v. Warren Petersen, a lawsuit filed by leftist groups against two laws passed by the Republican-controlled Arizona Legislature in 2022.
The laws require voters registering via the state form to provide documentary proof of U.S. citizenship to participate in state and local elections. The DOJ’s brief backs Senate President Warren Petersen’s defense of the laws following a Ninth Circuit Court of Appeals ruling that invalidated key provisions. The brief argues that Arizona’s birthplace attestation requirement “does not violate the Materiality Provision because it is generally important that an election official would consider important to the process of determining an applicant’s eligibility to vote.”
“We are thankful to again have a White House and Department of Justice committed to the rule of law and fair elections,” Petersen said in a statement. “The DOJ’s brief is appreciated in our fight to uphold a commonsense law and the will of the people. Given the clear precedent handed down from the U.S. Supreme Court, we are confident we will ultimately prevail. With the continued absence of our governor and attorney general, thankfully, the Arizona Legislature is again picking up the slack and is returning to our nation’s high court to defend election integrity.”
The case traces back to challenges by Mi Familia Vota and other groups, including some based outside Arizona, against House Bill 2492. The law bars enhances 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.
In August 2024, a three-judge Ninth Circuit panel vacated an emergency stay previously issued by another panel of the court. That decision permitted Arizona residents to register using the state form without proof of citizenship for federal races, such as U.S. president and Congress.
Petersen then sought emergency relief from the U.S. Supreme Court, which affirmed Arizona’s authority to reject incomplete registrations, marking the last binding order in the dispute until the Ninth Circuit’s latest deviation.
Eleven judges dissented from the Ninth Circuit’s most-recent majority opinion, saying, “Republican government serves as the keystone of the Constitution. In such a government, a majority of citizens who lawfully vote determines who represents us in the White House, Congress, and state legislatures. Courts must therefore defend the franchise—both by protecting the right of all citizens to vote, and by ensuring non-citizens do not vote. Arizona passed laws to protect the franchise… Sadly, the panel majority opinion undermines republican government, shreds federalism and the separation of powers, and imperils free and fair elections.”
The case now heads back to the U.S. Supreme Court for potential review, where Arizona will seek to enforce its citizenship verification requirements.
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.
by Staff Reporter | Apr 13, 2025 | News
By Staff Reporter |
The Trump administration will no longer continue its legal challenge to Arizona’s documentary proof of citizenship (DPOC) laws.
The Department of Justice (DOJ) filed a brief on Tuesday motioning to drop the case.
Assistant Attorney General Harmeet Dhillon filed the brief the very day after she was sworn into her position within the Civil Rights Division, alongside the controversial Interim Attorney for the United States Attorney’s Office for the District of Arizona, Timothy Courchaine.
Senate President Warren Petersen called the development “a major win for election integrity and the rule of law” in a statement Wednesday. Petersen previously submitted a letter to the DOJ requesting they drop the case.
“The @azsenategop and @azhousegop will continue to defend this law against the special interest groups challenging it,” said Petersen.
Petersen submitted his request letter to Attorney General Pam Bondi in mid-February.
The case, Mi Familia Vota v. Fontes, is before the Ninth Circuit Court of Appeals.
Arizona’s DPOC laws required automatic rejection of Arizona state form registration submissions lacking DPOC, prohibited individuals who hadn’t provided DPOC from voting for a president or returning a ballot by mail, and added mandatory fields to the state registration form for a registrant’s birthplace and a checkbox confirmation of the applicant’s U.S. citizenship.
Last August, the Ninth Circuit Court of Appeals ruled Arizona would have to accept state voter registration forms without DPOC.
Tuesday’s motion by the DOJ was the latest in the Trump administration’s efforts to cease legal action against states’ election laws.
Last month, the DOJ dropped multiple election-related lawsuits in Texas, Georgia, and Louisiana initiated under the Biden administration. Those lawsuits opposed voting maps and election integrity initiatives, respectively.
President Donald Trump and his administration have also taken steps to require proof of citizenship in elections, prompting resistance from the state’s top Democratic leaders.
Arizona Secretary of State Adrian Fontes, alongside Attorney General Kris Mayes, filed a lawsuit against the Trump administration over President Donald Trump’s recent executive order requiring DPOC to register to vote in federal elections as well as requiring all ballots to be received by Election Day.
Last week, Mayes and Fontes held a joint press conference announcing their lawsuit and accusing Trump of “unconstitutional intrusion” on states’ rights and congressional authority regarding elections. The pair want Trump to go through — not around — Congress for any election law changes.
“If President Trump wanted to make laws then he should have run for congress where the U.S. Constitution says that work is done,” said Fontes. “If the President wants to reshape our elections, he must propose realistic bipartisan legislation in Congress instead of forcing states into unfunded mandates through unlawful executive orders.”
“Clearly, Trump only supports state’s rights when it suits him,” said Mayes.
Last month in another case pertaining to DPOC, the Arizona Court of Appeals ruled against the Elections Procedure Manual (EPM) produced by Secretary of State Adrian Fontes. Fontes’ EPM would have allowed voters who failed to submit or couldn’t achieve verification of their DPOC.
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by Matthew Holloway | Mar 4, 2025 | News
By Matthew Holloway |
The Arizona List, a pro-abortion lobbying group, hosted its 21st Annual Celebration on Saturday under the headline: “How we regroup and come back stronger.” The event featured Viridiana Hernandez, Executive Director of ‘Poder in Action,‘ who in 2020 called for “a world without police.” She was honored as a “trailblazer” alongside former Arizona Senator and current President/CEO of the Regional Center for Border Health Amanda Aguirre, and Anakarina Rodriguez of Mi Familia Vota.
The event was also attended by seven Democrat state legislators: Heley Creighton (LD7), J’aime Moraine (LD30), Marcia Smith (LD1), Nancy Hartl (LD7), Helen Hunter (LD10), Kim Moschetti (LD14) and Cochise County Supervisor Theresa Walsh. As reported by the AZ Mirror in June 2020, Hernandez spoke at a demonstration hosted by Black Mother’s Forum outside the Phoenix City Council demanding the defunding of the Phoenix Police Department. “Today we are here to dream of a world without police,” she told the protesters. “Reform is not enough… It is not possible. We ultimately need to abolish the system that exists and together create a new world.”
CNN Commentator and former Hillary Clinton adviser Karen Finney was a featured speaker at the event as well. Finney, suggested in a post to X on Friday that President Donald Trump “might be a danger to the U.S.,” and that Republicans are “letting Putin play Trump like a fiddle.”
Finney also referred to Vice President JD Vance as “completely irrelevant,” and described Trump’s disagreement with Ukrainian President Volodymyr Zelensky that day as “despicable but predictable.” She also accused the President of doing Putin’s bidding saying, “Without lifting a finger he’s got Trump fighting his battle and looking like an ass.”
In posts to Facebook, the pro-abortion group shared posts from Pima County Supervisor Adelita S. Grijalva who wrote, “No better way to kick off Women’s History Month than with the 21st Annual Arizona List Celebration, honoring elected women and women in leadership throughout the state of Arizona who are working to make a difference in their communities!”
Elma Alvarez a Tucson Democrat nominee to fill the vacant LD20 State House seat of Andrés Cano wrote, “It was truly uplifting to celebrate incredible women at the annual Arizona List celebration. Two extraordinary women I’m privileged to know, Anakarina Rodriguez and Claire Knipe, were honored. The Arizona List is a remarkable organization that empowers pro-choice women to achieve public office.“
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.
by Matthew Holloway | Sep 24, 2024 | News
By Matthew Holloway |
The Arizona Supreme Court ruled on Friday that nearly 98,000 Maricopa County voters whose citizenship documents got caught up in a coding error will be allowed to vote full ballot in November. Maricopa County Recorder Stephen Richer had moved to have them relegated to voting ‘Fed Only’ in November.
The court received several amicus briefs from voters and organizations across the political spectrum arguing against the move, including the Arizona Republican Party; the League of Women Voters of Arizona; Coconino County Recorder Patty Hansen and Pima County Recorder Gabriella Cazares-Kelly; as well as the Carlos Apache Tribe, Living United for Change in Arizona, League of United Latin American Citizens of Arizona, Mi Familia Vota, and the ACLU of Arizona.
The Republican Party of Arizona (AZGOP) filed an amicus brief Thursday calling upon the court to intervene and prevent the removal of 98,000 voters from the rolls whose registrations were potentially endangered by a controversial clerical error by state officials.
On Tuesday, Arizona’s Democrat Secretary of State Adrian Fontes announced that 97,000 inividuals would be impacted by an error that could prevent them from voting in state-level elections such as state legislative races, initiatives, and referenda. The error affects voters who were issued an Arizona driver’s license prior to October 1, 1996. The figure represents over 2.5% of the state’s total registered electorate. The outlet noted that a technical issue reportedly caused the error which has been resolved, however, the status of those affected is unclear.
In a statement published Thursday the AZGOP announced:
“Today, the Republican Party of Arizona filed an amicus brief in the Arizona Supreme Court supporting the preservation of voter rights in the case involving nearly 100,000 voters whose registration statuses were jeopardized by a state government clerical error.
The AZGOP urges the court to protect voters from sudden disenfranchisement and argues that the requested relief from Petitioner Maricopa County Recorder Stephen Richer violates both state and federal law.
The AZGOP’s amicus brief notes the importance of adhering to the National Voter Registration Act (NVRA), which prohibits systematic voter removals within 90 days of a federal election, and argues that the removal of voters based on this clerical error violates due process and the U.S. Constitution. The AZGOP maintains that any action taken to correct these registration issues should not result in the disenfranchisement of voters who have long participated in Arizona’s elections without issue.”
Gina Swoboda, AZGOP Chair said in a statement:
“Regardless of any outcome on this matter, all of these voters will receive a Federal Only ballot which permits them to vote for President, U.S. Senate, and U.S. Congress. The only question before us is if these voters, who have possessed an Arizona driver’s license since before October 1996, should be denied the right to vote for their representatives in the Arizona legislature, county, school board, and ballot measure contests.
Our brief makes it clear: nearly 100,000 Arizona voters should not be penalized for a mistake made by the government. We will not stand by as voters are disenfranchised, especially so close to an election. The law requires that any changes to voter registration or eligibility must be handled carefully and in accordance with federal and state law. Rushing to disenfranchise voters now would not only be illegal but would severely undermine confidence in our elections.”
In a lengthy post to X, Richer justified his lawsuit saying:
“My office discovered this issue last week, and we have been working with the Governor’s Office, the Secretary’s Office, the MVD, and the Attorney General to fix this moving forward. The number is about 97,000 registrants across the state. All of these people have attested under penalty of law that they are U.S. citizens. And, in all likelihood, they almost all U.S. Citizens. But they have NOT provided documented proof of citizenship. Moving forward (2025 onward), everyone agrees we need DPOC for those voters for them to vote a full ballot. But the Secretary and I have different opinions on what the law requires for the November 5, 2024 General Election. It is my position that these registrants have not satisfied Arizona’s documented proof of citizenship law, and therefore can only vote a ‘FED ONLY’ ballot.”
In the text of the amicus brief, the AZGOP argues that the declaratory judgment requested by Maricopa County Recorder Stephen Richer would stand in violation of both the First and Fourteenth Amendments to the U.S. Constitution, Arizona’s Free and Equal Elections Clause, as well as the National Voter Registration Act. The party’s legal team explained, “It is difficult to imagine state action that would impose a more ‘severe’ burden on the right to vote than abruptly informing an individual who has lived and voted in Arizona for decades—and previously voted in all elections, state and federal—that they must suddenly prove that they are a U.S. citizen in the handful of days remaining before Arizona’s October 7 voter registration deadline if they want to vote in state elections this year.”
Chief Justice Ann Scott Timmer writing for the majority ruled:
“In sum, Richer has not established that the county recorders have statutory authority to remove the Affected Voters from being able to vote in the upcoming 2024 General Election for federal offices and with respect to matters on an Arizona ballot. This is particularly true under the present facts, where a state administrative failure permitted the Affected Voters to be registered without confirming that they provided DPOC when they received their driver’s licenses and where there is so little time remaining before the beginning of the 2024 General Election.”
She continued, “Arizona law provides that ‘[w]hen the county recorder obtains information pursuant to this section and confirms that the person registered is not a United States citizen,’ the county recorder is to initiate a process to cancel a registration that includes sending the person notice that the person’s registration will be canceled in thirty-five days unless the person provides satisfactory evidence of United States citizenship. A.R.S. § 16-165(A)(10). Although challenges are pending to various aspects of the statute, subsection (A)(10) recognizes the right of any voter to notice and an opportunity to contest any determination of a voter’s ineligibility. A county recorder can therefore proceed with respect to individual voters under § 16-165(A)(10) as long as the provision’s due process requirements are followed… Regardless, we are unwilling on these facts to disenfranchise voters en masse from participating in state contests. Doing so is not authorized by state law and would violate principles of due process.”
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.
by Daniel Stefanski | Aug 18, 2024 | News
By Daniel Stefanski |
Arizona’s leading legislative Republicans are taking their defense of election integrity laws to the nation’s high court.
Last week, Arizona Senate President Warren Petersen and House Speaker Ben Toma filed an Emergency Application for Stay at the Supreme Court of the United States in RNC v. Mi Familia Vota. The brief was filed with Justice Elena Kagan in the ongoing dispute over HB 2492, which was passed in 2022.
According to the legislators’ brief, the relevant aspects of the law under challenge were the requirement for “elections officials to reject any state-form application that is not accompanied by documentary proof of citizenship,” and the provision “that voters who have not provided documentary proof of citizenship may not vote for president or by mail.”
In their brief, the lawmakers argue that “there is a reasonable probability that four justices would vote to grant review and a fair prospect that this Court would reverse,” and that “applicants will suffer irreparable harm absent a stay.”
The emergency petition to the U.S. Supreme Court follows a mixed – and rather unprecedented – ruling at the U.S. Court of Appeals for the Ninth Circuit. Last month, a panel on the court issued an order in support of the Arizona law’s requirement for proof of citizenship in state voter registrations. However, another panel on the same appeals court overturned this ruling, giving anyone in the state the ability to register to vote on a state form without first proving their citizenship.
After the shocking turn of events at the appeals court, Petersen had said, “This is just another example of why the radical Ninth Circuit is the most overturned circuit in the nation. They routinely engage in judicial warfare to carry out their extremist liberal agenda that’s contrary to the laws our citizens elected us to implement. We will seek assistance from the Supreme Court to ensure only American citizens are voting in our elections. If this principle is not followed, democracy as we know it, and as our Founding Fathers intended, is in jeopardy.”
RNC Chairman Michael Whatley stated: “Requiring proof of citizenship is common sense and fundamental to preserving the integrity of our elections – especially in our country’s most important presidential election. This application in the Supreme Court is pivotal to ensuring that Arizonans’ votes are not cancelled by non-citizens. Non-citizen voting is illegal and we are taking every possible action to ensure American elections are decided solely by Americans.”
Petersen and Toma make the case that “the improper injunction also harms the Arizona Legislature as an institution because it constitutes an extrinsic constraint on the Legislature’s lawmaking functions. The injunction thwarts the Legislature from disallowing individuals who have not proved their U.S. citizenship from participating in Arizona’s selection of its presidential electors or from using Arizona’s generous mail-in voting option.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
