by AZ Free Enterprise Club | Oct 25, 2025 | Opinion
By the Arizona Free Enterprise Club |
In 2022, the Arizona legislature passed—and then-Governor Ducey signed into law—a landmark election integrity bill: HB 2492. Authored by the Arizona Free Enterprise Club, the law bolsters safeguards to our election process by requiring proof of citizenship to register to vote, ensuring that only U.S. citizens are voting in our elections.
It’s commonsense legislation that is popular with the public and a blueprint for other states looking to adopt nearly identical bills. And why wouldn’t it be? U.S. citizens cannot go into France, Australia, or any other country throughout the world and vote in their elections, so why should citizens from other countries be allowed to vote in our elections?
Yet immediately after HB 2492 was passed, a consortium of liberal organizations and the Biden Justice department sued to stop the law from going into effect. Now, after multiple trips to the Ninth Circuit Court of Appeals, one of which included a bizarre ruling that required an emergency appeal to the U.S. Supreme Court to let Arizona enforce our proof of citizenship requirements for the 2024 election (which we won), the entire law will now be going to the nation’s highest court.
We are confident that the Supreme Court will uphold the law in its entirety, but one issue about the litigation has been simmering beneath the surface: Arizona Attorney General Kris Mayes…
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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 AZ Free Enterprise Club | Apr 2, 2025 | Opinion
By the Arizona Free Enterprise Club |
In 2022, the Arizona Free Enterprise Club crafted the blueprint to stop illegals from voting in our elections, authoring landmark legislation that was signed into law, becoming the first state in the nation requiring proof of citizenship to register to vote with HB2492. Now, states around the country are taking notice and adopting our model, and just last week President Trump signed an Executive Order to do it nationally. Arizona was just the tip of the spear, and the dominoes are finally beginning to fall.
As of this week, two states require proof of citizenship to register to vote. Arizona was the first with HB2492. Earlier this year, Wyoming became the second. And now, the Texas Senate is considering a bill that is nearly identical to the Arizona Model, which would make them the third.
Arizona has long been at the forefront of this issue. In 2004, Arizona voters overwhelmingly approved Prop 200 to require proof of citizenship to vote. After nearly a decade of litigation, the U.S. Supreme Court allowed us to only implement the requirement on our own voter registration form but prevented us from requiring it on the federal form. The result over the decade following the decision was the complete proliferation of the “Federal Only Voting” list, amounting to tens of thousands of potential noncitizens registering and voting in our elections…
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by Staff Reporter | Mar 1, 2025 | News
By Staff Reporter |
Earlier this week, the Ninth Circuit Court ruled against two Arizona laws requiring proof of citizenship to vote: HB 2243 and HB 2492.
HB2243 was passed in 2022 and signed by then-Governor Ducey to authorize birthplace disclosure and county recorders to authenticate a voter’s citizenship based on “reason to believe” the voter may not be a citizen.
HB2492 was also passed in 2022 and signed by then-Governor Ducey to enhance 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 Arizona Free Enterprise Club (AFEC) called the ruling “outrageous and unprecedented” in a press release.
Scot Mussi, AFEC President, accused the Ninth Circuit Court of partisanship. Mussi expressed hope that the Supreme Court would take on the case and overrule the circuit court.
“It’s clear this circuit court panel is motivated by radical ideology, and not the impartial judgment of the law,” said Mussi. “After months of legal wrangling over this law, and clear guidance from the nation’s high court, the Ninth Circuit still wrongly believes that it is the final arbiter of the U.S. Constitution and our laws. This ruling will continue to sow doubt into our system of government and will cost much more in taxpayer dollars thanks to the emergency appeal that will be again filed at the U.S. Supreme Court.”
HB 2492 was authored by the Arizona Free Enterprise Club and passed by the Arizona Legislature in 2022 to stop non-U.S. citizens from registering to vote and casting ballots in our state. Previously, a panel on the U.S. Court of Appeals for the Ninth Circuit allowed Arizona officials to reject state voter registration forms without proof of citizenship, which was part of the intent and purpose of the law in question. Yet, another panel on the same appeals court inexplicably overturned this order, vacating enforcement of the law concerning state voter registration forms, leading to an emergency appeal to the U.S. Supreme Court. The U.S. Supreme Court quickly overruled the Ninth Circuit’s order, allowing the provision on proof of citizenship for state voters to go into effect. This was the last court action in this case until the latest surprising decision by the Ninth Circuit.
Those involved in the lawsuit included pro-illegal immigrant activist organizations Poder Latinx and Chicanos Por La Causa.
In a press release announcing their victory, Poder Latinx executive director Yadira Sanchez claimed HB2492 amounted to voter suppression and enabled racial discrimination.
“Arizona’s ‘reason to believe’ policy was a clear attempt to suppress naturalized citizens by subjecting them to discriminatory scrutiny. This ruling affirms that no voter should be treated as less American based on where they were born,” said Sanchez. “While this is a step toward a fairer electoral system, voter suppression tactics continue to evolve, targeting communities of color and immigrants. Poder Latinx remains committed to our mission to ensure that every eligible voter has the opportunity to make their voice heard and fully participate in our democracy, and to fight any effort to silence our communities.”
Joseph Garcia, vice president at Chicanos Por La Causa, expressed a general opposition to restrictions on voting.
“This is a victory for the voters,” said Garcia. “We must make voting more accessible, not arbitrarily more difficult. It’s simple: Everyone who is eligible to register to vote should be allowed to register and vote.”
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by AZ Free Enterprise Club | Sep 21, 2024 | Opinion
By the Arizona Free Enterprise Club |
Only United States citizens should be voting in our elections. That shouldn’t be a controversial statement. But of course, it’s 2024, and the Left hasn’t instituted its open border policies under the Biden-Harris administration for nothing.
The fact is that U.S. citizens can’t go into France, Australia, or any other country throughout the world and vote in their elections. Why should citizens from other countries be allowed to vote in our elections?
While it’s certainly illegal for non-citizens to vote here, the law is only as good as the mechanism in place to make sure it’s followed. That’s why it is critical for the integrity of our nation’s elections that voters prove their citizenship prior to voting. And the SAVE Act is a much-needed remedy that would address this issue head on.
Sponsored by Rep. Chip Roy from Texas, who has certainly experienced firsthand the issues that arise from the current surge at the border, the SAVE Act would require individuals to provide documentary proof of citizenship (DPOC) in order to vote in federal elections. It’s a constitutional solution to keep non-citizens from voting.
But given Congress’s propensity for inaction, states should not wait around to see if our federal lawmakers will pass the SAVE Act or another reasonable solution. Arizona has been a leader on this issue for years and has already enacted a comprehensive solution that every state should follow.
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