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.
>>> CONTINUE READING >>>
by AZ Free Enterprise Club | Jul 26, 2024 | Opinion
By the Arizona Free Enterprise Club |
The surge of border crossings continues. There is an election in just over 3 months. Many voters want to know—can illegals vote?
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.
Now with the decision from the U.S. 9th Circuit last week, Arizona will stop even more illegals from voting, thanks to a bill the Arizona Free Enterprise Club authored in 2022…
>>> CONTINUE READING >>>
by AZ Free Enterprise Club | Jun 7, 2024 | Opinion
By the Arizona Free Enterprise Club |
Last Friday, the AZ Free Enterprise Club filed a lawsuit in federal court against Arizona Secretary of State Adrian Fontes for failing to comply with the National Voter Registration Act’s (NVRA) mandate that he maintain accurate and updated voter registration records. Why? The data shows that there are 500,000 unaccounted for registered voters who are not qualified either due to death or moving out of the state, and in total, up to more than a million voters on the rolls who should not be registered.
Clean and accurate voter rolls are the bedrock of elections run with integrity. Ensuring only those eligible to vote may register and are on the rolls means that only eligible voters may vote in an election. It’s a basic principle: garbage in, garbage out. If we begin with bad data – ineligible individuals on the rolls – the system is susceptible to allowing ineligible ballots to be cast.
That’s why in 2022 we championed two landmark pieces of legislation to accomplish just that, and why, unsurprisingly, Marc Elias and the left’s lawfare machine immediately sued to stop these commonsense safeguards from going into effect. HB2492 ensures only eligible citizens who have provided proof of citizenship can register to vote and HB2243 requires regular and routine voter roll maintenance using several databases of information, with regular reports to the legislature of the results.
Both these laws are consistent with the NVRA’s mandate that states maintain accurate voter registration lists. But right now, Adrian Fontes is failing in his obligations under both, and that’s why we have filed a lawsuit in federal court to force him to do his job.
Four Counties Have More Registered Voters Than People
How do we know? According to the most recent census and voter registration data, more than 90% of the voting age population in Arizona is purportedly registered to vote. The national average is 69.1%. Why would Arizonans register to vote at an absurdly higher rate than the rest of the country? The only answer is that the state and counties are failing to adequately remove individuals who are no longer eligible, leading to bloated rolls…
>>> CONTINUE READING >>>
by AZ Free Enterprise Club | Mar 16, 2024 | Opinion
By the Arizona Free Enterprise Club |
It is no secret that an overwhelming number of Americans believe that only U.S. citizens should be allowed to vote in our elections. It arguably is and ought to be the first and primary qualification to vote. But what good is that requirement if it isn’t verified? In other words, without proof of citizenship, we are relying on a simple stroke of a pen or pencil on a registration form, checking a small box attesting to citizenship.
That’s why in 2004 Arizona voters approved a measure to require proof of citizenship before registering to vote. But, in the 20 years since, that requirement has been whittled away and now there are tens of thousands of people voting in Arizona elections (often referred to as “Federal only” voters) without ever having provided evidence of their citizenship.
In response to this explosion of ‘Federal Only’ voters, the Arizona legislature passed two landmark bills, HB2492 and HB2243, to require proof of citizenship and regular, enhanced voter roll maintenance to ensure only eligible individuals are registering and voting in our elections.
What happened next shouldn’t surprise anyone that has watched the left fight every reasonable voter integrity measure around the country. As soon as both bills were signed into law, a dozen liberal organizations and the Biden Justice Department sued in federal court, claiming that the measures were unconstitutional, illegal, and (of course) racist.
The case was given to Bill Clinton appointed judge Susan Bolton, and after a year of litigation, she issued a confusing, disjointed two-part ruling that is destined for appeal. And while a few positives can be gleaned from the decision, the bad and ugly from the liberal opinion far outweighed the good…
>>> CONTINUE READING >>>
