This should be especially alarming since the number of voters who haven’t provided proof of citizenship and cannot be confirmed as citizens has increased by over 32% since last October in Maricopa County. Arizona law requires that voter registrants must provide documentary proof of citizenship. However, these federal-only voters are allowed to register to vote in federal races because a Supreme Court decision from 2013 held that federal law does not allow states to ask for documentary proof of citizenship in federal races such as for Congress and the U.S. Senate. And that may even extend for presidential electors (the issue being litigated right now). For federal races, voters only need to attest to being a citizen by checking a box on the federal voter registration form and signing the form. Only a little over 10,000 votes determined the outcome of the 2020 Presidential Election in Arizona, yet over 26,000 federal-only voters are currently registered to vote in Maricopa County.
The AFL letter went to all 15 Arizona County Recorders as a reminder of their obligation “to remove foreign citizens” from their voter rolls. It outlines additional tools the Department of Homeland Security (DHS) has available, as codified by Congress under 8 U.S.C. § 1373 and 8 U.S.C. § 1644, to assist county recorders in their legal obligations to ensure only U.S. citizens are registered to vote.
According to the letter, Arizona law requires recorders “to consult ‘relevant federal databases to which the county recorder has access to confirm information obtained that requires cancellation of registrations,’” per A.R.S. § 16-165(K).
While it’s a state and federal crime for foreign nationals to register to vote, just making something illegal doesn’t prevent bad actors from breaking the law like other crimes. In fact, under the Trump administration, ICE indicted 19 foreign nationals for voting in the 2016 election illegally.
Since Arizona is a border state, why wouldn’t county recorders in Arizona want to make sure they are utilizing every possible tool to prevent foreign nationals from accessing a ballot in our election? And what more can they do to protect our voting rights and ensure citizens’ votes aren’t effectively neutralized by a foreign national illegally casting a ballot?
AFL brilliantly provides a path by using federal statutes, 8 U.S.C. § 1373 and 8 U.S.C. § 1644, that require DHS to provide the information. It isn’t hard for DHS to get this information through its Person Centric Query System (PCQS) database. As the letter explains:
“[The PCQS database] allows agency employees to look up individuals and quickly and easily verify their citizenship status using only a name and date of birth. This means that, right now, DHS can answer all of your inquiries about the citizenship status of all presently registered voters and all persons attempting to register to vote and do so at no cost. You already have the authority to submit citizenship inquiries about registered voters to DHS, and you can demand immediate responses from DHS.”
There is no additional cost to the taxpayers, and we can protect the voters! Where is the “Sign My County Recorder Up” button for doing his or her job?
There’s another level of required scrutiny that’s also not happening in Arizona, and that’s where the Attorney General comes into play. AFL states that per state law, county recorders are “required to send ‘to the attorney general a list of all individuals who are registered to vote and who have not provided satisfactory evidence of citizenship’” so that the Attorney General may fulfill her obligation “to use all available resources to verify the citizenship status of the applicant[s].’”
Don’t hold your breath that this will happen under the current Maricopa County Recorder regime anytime soon! Stephen Richer’s attorneys replied to AFL’s letter, refusing to take any action.
When asked, he usually shrugs off the concern about foreign nationals on the voter rolls, arguing that federal-only voters are concentrated on college campuses, as if that somehow makes it OK. He’s even gotten to the point of challenging Tesla and SpaceX founder Elon Musk for questioning any voter in Arizona not needing to provide proof of citizenship to vote:
BLUF: Arizona had a documented proof of citizenship law for all voters, but that was invalidated by US Supreme Court in 2012 (Arizona v. ITCA) because it conflicted with federal law. Therefore only applies to state voters.
Longer:
We've done this before a few times… But…
— Stephen Richer—MaricopaCountyRecorder (prsnl acct) (@stephen_richer) July 8, 2024
He also says federal-only voters have lower turnout than average voters, so there is nothing to worry about….
Hi. This is the correct in terms of the fed only voters who participated in the 2020 GE in Maricopa County.
Few points looking at above:
1) It is ILLEGAL to vote in federal elections in all 50 states if you are not a U.S. Citizen. These names are public records. In Arizona,…
— Stephen Richer—MaricopaCountyRecorder (prsnl acct) (@stephen_richer) April 16, 2024
Except the public doesn’t know how many federal-only voters cast ballots, as the number is not reported in the official statewide canvass by the Arizona Secretary of State.
While the current Maricopa County Recorder has published in his campaign communications that he thinks documented proof of citizenship should be required to vote in federal elections, adding that it’s not “an undue burden,” he stated that it’s the job of Congress to change the law.
Hi Stacey!
Great question. Yes, we do count "Fed only" ballots. As does every county in Arizona. Because it is required by federal law.
Hope it helps. Let me know if you have any questions.
Stephen
— Stephen Richer—MaricopaCountyRecorder (prsnl acct) (@stephen_richer) June 18, 2024
This is true. That would certainly help!
In the same campaign email, he stated that he supports Speaker Johnson’s proposal, the SAVE Act, which would require documented proof of citizenship to register to vote for federal elections. Still, he’s never come out on his award-winning X account to support the SAVE Act or Speaker Mike Johnson’s bold support of this game-changing legislation to secure our elections.
Here’s my friendly reminder that this is the same Recorder who was accused of using public resources to advocate against additional security measures for voting by mail. So, he’s certainly not averse to going out of bounds when fighting for or against a policy he favors.
Former President Theodore Roosevelt once said, “I have always had a horror of words that are not translated into deeds, of speech that does not result in action.”
The Maricopa County Recorder’s latest rebuff of AFL’s letter to take steps that clearly aren’t an undue burden on his office to keep the voter rolls clean, his lack of transparency on the issue of federal-only voters’ voting habits, his constant diminishing of concerns from the public, and his lack of public support for the SAVE Act certainly screams the loudest when it comes to where he truly stands on the issue.
If only there were someone who could provide a Diet Coke explainer video to show the current Recorder why Maricopa County citizens deserve election administration in which every possible effort is made to prohibit foreign nationals from accessing a ballot to cast a vote in our elections, maybe we would have a better chance at that “Sign My County Recorder Up” button functioning in Maricopa County.
Photo from the Maricopa County Recorder video published on X here.
Merissa Hamilton is the founder and chairwoman of the nonpartisan nonprofit organizations Strong Communities Foundation of Arizona and Strong Communities Action, also known as EZAZ.org, which are focused on making civic education and action as easy as pie. She’s an elected Member at Large of Congressional District 1 for the Arizona Republican Party and previously ran for Mayor in 2020. Merissa is also the Director of Integration and Policy at The R.O.A.R. PAC, which is on the mission of restoring our American Republic.
Obviously, it’s illegal for non-citizens to vote. The real question is whether voters must prove their citizenship prior to voting. This discussion has culminated in the U.S. House passing the SAVE Act earlier this month. But with near unanimous Democrat opposition, a federal proof of citizenship requirement has stalled in Congress.
As both a border and swing state, Arizona is center stage in this national discussion. Even Elon Musk chimed in by sharing an image of our voter registration form that clearly states “proof of citizenship” is not required to vote.
However, Arizona has done far more than any other state to tackle the issue of illegals voting.
In Arizona, if someone registers without proof of citizenship, they are registered as a “Federal Only Voter” and they receive a different ballot with only federal races. This means that: 1) we know exactly who and how many have registered without proof; and 2) they don’t get to influence any of our state or local elections.
In all 49 other states, proof of citizenship is not only not required, but they are all blended onto one list, and they get to vote in every election. So those states have no idea who or how many there even are! Their problem could be far bigger, and they would never know it.
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.”
🚨 We've officially put county recorders on alert: Failure to adhere to their responsibilities under the law may result in legal action. https://t.co/C6kKGKXn9l
— Arizona Free Enterprise Club (@azfec) July 17, 2024
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 Ninth Circuit Court of Appeals ruled in favor of election integrity in Arizona, stating that voters who register without proof of citizenship will be rejected.
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.
A federal court ruled on Thursday that those registering with the state of Arizona to vote must provide proof of citizenship. Otherwise, their application will be rejected.
The Ninth Circuit Court of Appeals issued its brief ruling in Mi Familia Vota v. Fontes. In it, the court granted a stay pending appeal for the injunction barring enforcement of A.R.S. § 16-121.01(C), the provision in statute requiring proof of citizenship for voter registration applications not produced by the U.S. election assistance commission — in other words, state-issued forms.
“The district court’s May 2, 2024 judgment is therefore stayed to the extent that it bars forcement of [the statute],” wrote the court.
However, two other provisions remain blocked under this most recent ruling and the one cited from the district court.
The previous ruling declared that the National Voter Registration Act preempts registration restrictions for presidential elections and voting by mail; the LULAC Consent Decree prohibits rejections of state registration forms on the basis of lack of documentary proof of citizenship as well as residence; the Materiality Provision of the Civil Rights Act prohibits the state from implementing a checkbox asking a voter to affirm their citizenship status as well as the requirement to disclose place of birth; and the Civil Rights Act’s Different Standards, Practices, or Procedures Provision prohibits requiring county recorders to conduct citizenship checks using the USCIS SAVE system.
Senate President Warren Petersen said the ruling represented an election integrity victory.
“Only U.S. citizens should be allowed to vote in our elections. It sounds like common sense, but the radical left elected officials in our state continue to reject this notion, disrespecting the voices of our lawful Arizona voters,” said Warren. “We are grateful the court is upholding this provision in our law, and it’s time for Congress to take action to ensure only lawful U.S. citizens are voting in federal races.”
🚨BREAKING: Today, the Ninth Circuit Court of Appeals ruled in favor of election integrity! Voters in Arizona who register with the state and do not provide proof of citizenship will be rejected.
"This is a victory for election integrity in Arizona. Only U.S. citizens should be… pic.twitter.com/IjNCv9lSmz
Lawyer Marc Elias for the activists challenging Arizona’s proof of citizenship requirements, however, argued that the ruling was a win for them since it denied key portions of the Republican motion. Elias dubbed proof of citizenship measures as “voter suppression.”
“9th Circuit (with 3 Trump appointees) denies key portions of Republican motion to stay trial court victory in Arizona voter suppression lawsuit,” said Elias.
🚨BREAKING: 9th Circuit (with 3 Trump appointees) DENIES key portions of Republican motion to stay trial court victory in Arizona voter suppression lawsuit. Congratulations to my firm's clients @MiFamiliaVota and @votolatino and the voters of Arizona.https://t.co/nsXzORvttq
In addition to progressive activist group Mi Familia Vota, other parties to the case include Secretary of State Adrian Fontes (appellee), Petersen (appellant), Kris Mayes (appellant), Promise Arizona and Southwest Voter Registration Education Project (appellant).
The courts are determining whether the Arizona Republican Party may enter the case as an intervenor.
The appeal for the case was scheduled for this September.
Earlier this week, election integrity groups coordinating under America First Legal issued letters to all of Arizona’s county recorders reminding them to purge the voter rolls of non-citizen voters.
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Additional scrutiny of Walter Ringfield Jr., currently under arrest for the theft of an electronic security fob used to access vote tabulation machines from the Maricopa County Tabulation and Election Center, has revealed a troubling pattern of implication in criminal actions surrounding Arizona elections.
Caroline Wren, a fundraiser and Senior Advisor to GOP U.S. Senate Candidate Kari Lake, has revealed that Ringfield was named in a 2022 lawsuit between the Arizona Free Enterprise Club (AFEC) and Arizonans for Free and Fair Elections. The lawsuit challenged the registrations of several of its circulators. Ringfield was identified among those circulators with “multiple infractions against them,” in Exhibit A of the lawsuit by the AFEC.
Hi 👋 @azfec, thanks for highlighting this story. Need your help with something.
In 2022 you filed a lawsuit against Arizonans for Free and Fair Elections challenging the circulator registrations. Per exhibit A in your lawsuit, one of those circulators with multiple infractions… https://t.co/07GHGgaUy8pic.twitter.com/u7Tm0XnyfP
In a post to X, Wren asked three questions regarding Ringfield’s mention in the lawsuit:
Who paid Walter to gather signatures for the Arizonans for Free and Fair Elections campaign?
Has Walter been a signature gatherer for any other campaigns or ballot initiatives in Arizona?
What were the nature of the objections against the signatures Walter turned in in exhibit A of your lawsuit?
Arizona Free Enterprise Club President Scot Mussi offered some answers to AZ Free News, explaining that, “In 2022 Ringfield Jr. worked for Sutton and Smart to collect for Free and Fair.”
Mussi added, “This cycle he worked for a time on the Abortion Initative (through Fieldworks) and is currently registered to collect for the RCV/Jungle Primary initiative (Make Elections Fair) through Advanced Micro Targeting.”
Finally, he revealed AFEC’s objections against Ringfield, “As for the objections we made against Ringfield Jr., they dealt with the fact that he failed to properly register with the Secretary of State as a paid circulator.”
In the complaint filed in 2022 by Mussi, the AFEC alleges, “Signatures collected by certain circulators of the Initiative Petition who were required to have been, but were not, properly registered with the Secretary of State are void as a matter of law. Specifically, these individuals either:
a. Failed to register with the Secretary of State prior to collecting signatures in support of the Initiative Petition, and hence did not strictly comply with A.R.S. § 19-118(A);
b. Failed to provide a signed and notarized affidavit averring to the accuracy of the specific information included in their registration for measure I-16-2022, and hence did not strictly comply with A.R.S. § 19-118(B)(5);
c. Failed to provide on their registration submissions to the Secretary of State a full and complete permanent and (if applicable) temporary residential address—to include the relevant apartment or unit number, if the circulator resided in a multiunit complex—and hence did not strictly comply with A.R.S. § 19-118(B)(1);
d. Misrepresented on their registration submissions to the Secretary of State one or more required items of contact information, and hence did not strictly comply with A.R.S. § 19-118(B)(1); or
e. Failed to provide on their registration submissions to the Secretary of State the statutorily required address for service of process, and hence did not strictly comply with A.R.S. § 19-118(B)(4).”
A search of LinkedIn by Wren also confirmed that one “Walter Ringfield Jr” shows a history of volunteering in 2022 with Our Voice Our Vote, which Wren described as “a far-left wing advocacy group funded by Open Society Foundation,” although this is not reflected by his registrations with the Secretary of State.
In an extensive post to X, Wren outlined that Ringfield also has a previous criminal history and was arrested and charged with one count of theft and criminal damage in 2023 having allegedly stolen $1,800 from a former employer citing VoteBeat and noted that he was entered into a diversion program and was not convicted as a result. It was likely due to this diversion that he was able to pass a background check from Maricopa County.
In case you’re new here or just confused as to what the heck is going on in Maricopa County, here is a quick recap:
On Monday, June 24 the Maricopa County Sheriff’s office @mcsoaz released a statement saying there had been a theft by an election worker at the Maricopa County…
Reporting from the Arizona Daily Independent also noted that Ringfield filed a statement of interest in 2023 to run for U.S. Senate as a Democrat and was also implicated in a June 19 theft from the Arizona Senate Building.
Correction: A previous version of this story incorrectly stated that Caroline Wren is an attorney. The story has been corrected.
