by AZ Free Enterprise Club | Feb 12, 2024 | Opinion
By the Arizona Free Enterprise Club |
When all else fails, cry racism. That seems to be the playbook the Far-Left utilizes any time it can’t make a coherent argument against election integrity laws. And here we are once again. The latest accusations of racism come amidst a series of depositions along with closing arguments in a lawsuit filed by a cabal of liberal organizations against two commonsense voter registration laws: HB 2243 and HB 2492.
Passed in 2022 and signed by then-Governor Ducey, HB 2243 ensures that only eligible voters remain registered by requiring regular voter roll maintenance. And so far, it has proven to be effective—revealing that over 78,000 individuals have been identified on Arizona’s voter rolls as either noncitizens or nonresidents. When you consider how close some of our state’s races were in 2022, these numbers should be great cause for alarm. But of course, many of those close races went in favor of Democrats, so the Left doesn’t want to ask too many questions.
HB 2492, which was also passed in 2022 and signed by then-Governor Ducey, bolsters safeguards to our voter registration process to require proof of citizenship ensuring that only U.S. citizens are voting in our elections. Where’s the controversy here? 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?
Not too long after both bills were signed into law, the Left filed a lawsuit against them and recently made a part of the proceedings about…the Arizona Free Enterprise Club (who is not a party in the lawsuit)…
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by AZ Free Enterprise Club | Nov 29, 2023 | Opinion
By the Arizona Free Enterprise Club |
We’re less than a year away from our next election, and if Arizona Secretary of State Adrian Fontes is serious about doing his job, his primary focus should be on ensuring a process where it is easy to vote and hard to cheat. Instead, Fontes has been attempting to implement an Elections Procedures Manual (EPM) that is ripe with unlawful provisions all while ignoring a giant (and growing) elephant in the room.
In its last two quarterly reports to the Arizona state legislature, the Secretary of State’s office reported that over 78,000 individuals have been identified on our state’s voter rolls as noncitizens or nonresidents. This number includes:
- Over 53,200 individuals who were reported to have been issued a driver’s license or the equivalent of an Arizona nonoperating license ID in another state.
- Over 1,300 individuals who admitted to not being a U.S. citizen on a jury questionnaire.
- Over 23,600 individuals who admitted to not being a resident of a county on a jury questionnaire.
These numbers should be great cause for alarm—especially when you consider how close some of our state’s races were in 2022—and these individuals should be immediately removed from our state’s voter rolls. So, what did Fontes do in response to this news?
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by Corinne Murdock | Sep 19, 2023 | News
By Corinne Murdock |
The Democratic Party’s go-to election lawyer that played a principal role in Hillary Clinton’s Russiagate hoax scored a victory against two Arizona laws requiring proof of citizenship to vote. Judge Susan Bolton — appointed by Clinton’s husband, former President Bill Clinton — issued the ruling last week.
Bolton ruled in the Arizona District Court case Mi Familia Vota v. Fontes that the two laws, HB 2492 and HB 2243, asked too much of voters by requiring proof of citizenship in order to vote. Bolton said the requirement constituted an “additional burden” that “disadvantages” voters.
Elias called proof of citizenship requirements “voter suppression.”
Whether or not the judge had ruled in favor of the state laws, the secretary of state’s office has apparently been ignoring certain reporting requirements in one of the contested laws. The Arizona Daily Independent reported that the legislature received neither of the required quarterly records on canceled voter registrations due to deaths, driver’s licenses in other states, jury questionnaire answers, and inactive voting history.
Bolton determined that the National Voter Registration Act (NVRA), the federal voter registration requirements and policies signed into law by Clinton, preempted both state laws. The NVRA requires states to register voters for federal elections using the federal government’s form; this form doesn’t require proof of citizenship, yet individuals may still cast votes in federal elections.
After the Supreme Court told Arizona in a 2013 ruling that it couldn’t reject NVRAs based on its lack of citizenship proof, then-Secretary of State Ken Bennett split the voter registration system to require proof of citizenship in statewide and local races, while offering the NVRA as an option to vote in federal races only. Those voters who capitalize on the latter are known as “federal-only” voters.
AZ Free News reported in 2021 that there were over 11,600 federal-only voters in the 2020 election based on limited vote data from several counties, most of which came from Maricopa County. That’s compared to the 1,700 federal-only votes cast in the 2018 election. At the time of our 2021 reporting, not all counties were publicly posting their federal-only ballots cast despite state law requiring the disclosure.
“[A]fter each general election, [the county recorder] shall post on the recorder’s website the number of ballots cast by those persons who were eligible to vote a ballot containing federal offices only,” states the law.
It appears that the state’s two largest counties neglected to adhere to the federal-only ballot disclosure law for the 2022 election.
Maricopa County didn’t publish a file like they did in 2020 disclosing the number of federal-only ballots cast for the 2022 election.
Pima County displayed the number of federal-only ballots cast for 2020, but it didn’t issue an update or similar public display for last year’s election. The county recorder only disclosed the number of provisional ballots it accepted or denied based on federal-only status in its December after-action report: 51, compared to the 107 provisional federal-only ballots accepted in the 2020 election and 108 provisional federal-only ballots accepted in the 2018 election.
Most of these federal-only ballots are likely absentee. About 89 percent of all voters in Arizona cast their vote by mail-in ballot.
In last week’s ruling, Bolton opined that the NVRA only allows states to place limits on mail-in voting when it comes to first-time voters, and not under any additional circumstances, like requiring proof of citizenship.
“Had Congress intended to permit states that allow absentee voting to require in-person voting under additional circumstances — including when a registrant fails to provide DPOC — it could have said so in the NVRA,” wrote Bolton. “Not only does the statute exclude failure to provide DPOC among the reasons a state may require an individual to vote in person, but as explained below, the purpose of the NVRA supports an interference that Congress meant to limit the number of circumstances in which a state could prevent an individual from voting by mail.”
The court addressed whether the laws were conducive to enhancing the participation of eligible citizens as voters in elections for federal office. The Fifteenth Amendment expressly assigns the right to vote with U.S. citizens, with the definition of citizenship provided in the amendment immediately preceding, the Fourteenth Amendment.
Bolton also ruled that the state failed to limit its systemic purges of voter rolls from occurring within 90 days of an election. She rejected arguments from the state that this 90-day window didn’t apply to voters who were found to be noncitizens. Meaning, individuals not qualified to vote can’t be purged from voter rolls in a systematic manner if they’re discovered as ineligible within 90 days of an election; these removals may only occur on a strictly individual basis.
“While the Court agrees with Plaintiffs that the State may still conduct individualized voter removals within the 90-day window, the systematic removal program mandated by HB 2243 violates Section 8(c)(2) of the NVRA,” stated Bolton.
Bolton opted not to rule yet on several issues. Two concerned the state’s requirement of investigations and cancellations of the voter registrations of those noncitizens identified through various government databases. Another concerned the state’s requirement of an individual to disclose their citizenship and birthplace, which Bolton noted were only in violation of the Materiality Provision when also providing the state with DPOC.
“The Checkbox Requirement violates the Materiality Provision when an applicant provides satisfactory evidence of citizenship,” stated Bolton.
Ruling on those questions will be issued sometime after the November trial.
Elias was joined in the lawsuit against the laws by the Department of Justice (DOJ) last summer.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by AZ Free Enterprise Club | Sep 2, 2023 | Opinion
By the Arizona Free Enterprise Club |
The federal government and state governments across the country should be doing everything they can to ensure election integrity going forward. Over the past few years, the Arizona legislature has taken this to heart. But the Left has been fighting against every legitimate election reform that comes from conservatives. Not only are they filing lawsuits in court, but they’ve been deploying a new tactic that threatens the First Amendment.
Lawsuits Against Election Integrity Bills
In 2021, the Arizona legislature passed, and then-Governor Ducey signed into law SB 1485—a law designed to clean up Arizona’s early voter list. Then in 2022, state lawmakers followed that up with HB 2243 (to ensure regular voter list maintenance) and HB 2492 (to ensure that only U.S. citizens are voting in our elections).
These are commonsense laws that everyone should be able to get behind, but the Left gave up commonsense years ago…
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by AZ Free Enterprise Club | Aug 26, 2023 | Opinion
By the Arizona Free Enterprise Club |
The people of Arizona deserve elections that are both accessible and secure—where it is easy to vote and hard to cheat. It is the duty of the legislature to pass bills that ensure this, the Governor to sign those bills into law, and the Attorney General to enforce those laws.
But the Secretary of State’s role is different. This elected official is supposed to provide an Elections Procedures Manual (EPM) that provides impartial direction to county recorders to ensure uniform and correct implementation of election law. But just like his predecessor in this role before him (now-Governor Katie Hobbs), our current Secretary of State Adrian Fontes has filled his EPM with unlawful provisions…
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