by Jonathan Eberle | Jul 25, 2025 | News
By Jonathan Eberle |
The Republican Party of Arizona, led by Chairwoman Gina Swoboda, has filed an amicus brief in federal court defending the requirement for proof of citizenship in voter registration. The brief, submitted alongside the Restoring Integrity and Trust in Elections PAC (RITE PAC), aims to bolster efforts to preserve what party leaders describe as “the integrity of American elections.”
The filing was made in the U.S. District Court for the Western District of Washington, where legal challenges have arisen over whether federal voter registration forms can mandate documentary proof of citizenship.
Citing the National Voter Registration Act (NVRA), the Arizona GOP and its allies argue that the Election Assistance Commission (EAC) has the legal authority to require applicants to provide citizenship documentation. The brief claims this interpretation aligns with Arizona’s longstanding election laws, which include similar provisions at the state level.
“Protecting election integrity is essential to preserving trust in our democratic process,” said Swoboda in a statement. “Arizona Republicans have long advocated for sensible measures that ensure accuracy in voter registration and protect our elections from fraud. This brief underscores our continued commitment to transparent, fair, and secure elections.”
The brief also defends a Trump-era executive order that directed public assistance agencies to ask applicants about their citizenship status before offering a voter registration form. According to the filing, this directive is not only legal but necessary to uphold the original intent of Congress in limiting voter registration to U.S. citizens.
Supporters of the measure argue that such rules are a common-sense way to protect elections from outside interference or administrative error. While the court has not yet ruled on the underlying case, the Arizona GOP’s legal intervention signals a broader Republican strategy to champion election security measures heading into the 2026 midterms.
The Republican Party of Arizona has remained vocal in national conversations around election reform, frequently advocating for voter ID laws, voter roll maintenance, and what they consider safeguards against fraud. With this latest legal move, the party is reaffirming its position at the forefront of what it views as a critical issue.
Jonathan Eberle is a reporter for AZ Free News. You can send him news tips using this link.
by Kerri Toloczko | Sep 10, 2024 | Opinion
By Kerri Toloczko |
Tonight, the presidential candidates will have their first debate. But there is one critical election issue the American people are not debating at all. They agree that non-U.S. citizens should not vote in U.S. elections.
This is a convenient opinion for Americans to hold as it is also the law.
The National Voter Registration Act of 1993 (NVRA) and other federal codes and state constitutions require that only citizens vote in our elections. This is unequivocal. It is in writing. It is common sense.
The problem with laws is that people break them — including noncitizens who commit one federal crime by registering to vote and then another by actually voting. But because federal statutes are silent on requiring documentary proof of citizenship for either step, states have not demanded citizenship proof for voter registration on federal forms.
These registration forms are provided to people applying for a driver’s license or state ID with no consideration to whether that person is a citizen or not. And the entire citizen “confirmation” process is an innocuous checkbox on the federal form that many registrants fill in just because it’s there.
For noncitizen newcomers not proficient in English, all they know is that a government official handed them a form to fill out with a box to check — or that a liberal activist group told them to check it.
Election at Risk
Earlier this year, Tea Party Patriots commissioned a poll of citizens who vote regularly and found that 86 percent believe “proof of U.S. citizenship should be required to register to vote in American elections” and “only U.S. citizens should vote in elections in America.”
Who is the clueless other 13 percent? Leftwing political elites, their friends in the deceitful media, and the current occupants of the White House and vice president’s mansion, that’s who.
How do we know this? By following the SAVE Act and seeing who opposes it.
The Safeguard American Voter Eligibility Act passed the U.S. House of Representatives in July, hung out for a while in the do-nothing Senate, and may now bounce back to the House as an add-on to a must-pass bill.
House Speaker Mike Johnson and congressional Republicans acknowledge that noncitizens are registering to vote in numbers not seen before — and those illegal votes, cast in specific cities or counties, could sway the entire federal election.
The SAVE Act closes federal loopholes that allow noncitizens to register to vote by requiring election officials to ask about citizenship during registration, and potential registrants to provide documentary proof of citizenship. It gives states unfettered access to existing federal databases to check citizenship status against voter rolls.
It is a “must pass” all by itself — to protect our constitutional republic where the people’s will should matter most.
SAVE the Vote
Noncitizens aren’t the only ones paying consequences for unlawful registration and voting. Punishments include jail, fines, and immediate removal procedures. Naturalization is also permanently denied for applicants who show up on voter rolls, and they are subject to deportation.
Then there’s the American voter. Every time a noncitizen illegally votes — intentionally or unknowingly — a citizen’s ballot is removed from the count. Americans have clearly signaled they know this is happening, they don’t like it, and they do not want to pay that price.
But there is nothing in law allowing action against election officials who fail to uphold laws on citizenship requirements, or DMV bureaucrats who knowingly hand voter registration forms to noncitizens. The SAVE Act will empower citizens to bring civil suits in these cases and includes penalties for those enabling or encouraging noncitizens to register and to vote.
Progressive politocrats and their media friends offer two deceptive talking points about noncitizen voting.
One is “It’s against the law anyway.” It is also against the law to steal a car, commit murder, and jaywalk. But perhaps worse is their casual quip, dripping with moral relativism, that illegal immigrants voting “is not widespread.”
Both these ridiculous notions can be easily repudiated.
Proof
The federal government recently indicted a group of noncitizens from 15 countries on federal voting charges. Virginia recently purged 6,500 noncitizens from its voter rolls. Texas removed 6,300 people — 30% of whom had voting records. A 2014 academic journal reported that 6.4% of noncitizens voted in 2008.
There are about 24 million noncitizens currently in the U.S. If they voted only at the same rate of 6.4% this year as they did in 2008, they would account for 1.5 million votes.
Within 39 months of the Biden/Harris administration (including our “border czar”) coming into office, the foreign-born population of our nation increased by 6.6 million; at least 4.6 million of those are illegal immigrants.
Flyers have been found being widely distributed on the Mexican side of the U.S.\Mexican border encouraging illegal immigrants to vote for Biden in 2024. Biden issued Executive Order 14019 in March 2021, demanding anyone approaching the federal government for services (with no citizenship caveats) be provided a voter registration form. The Biden/Harris administration officially opposes the SAVE Act. Is all of that coincidence? And what could possibly go wrong?
If we learned nothing else from the presidential election of 2020, we know Americans of both political parties are profoundly disturbed by foreign interference of any kind in our elections.
Noncitizen voting is foreign influence.
We live in a representative republic. It’s beyond time our representatives listen to what we are telling them about the sanctity of our elections. Let’s get on with ensuring that only Americans vote in American elections.
Originally published by The Stream.
Kerri Toloczko is the executive director of Election Integrity Network and senior advisor to the Only Citizens Vote Coalition. Both of these nonprofit organizations are dedicated to protecting all ballots and ensuring that elections follow the law. They are also leading organizers of the 2024 Only Citizens Vote Week, which runs from September 15 to September 21.
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…
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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 | Aug 13, 2023 | Opinion
By the Arizona Free Enterprise Club |
Clean and accurate voter rolls are a cornerstone to safe and secure elections. And they are required by both state and federal law. Section 8 of the National Voter Registration Act (NVRA) specifically obligates states to conduct a general program that makes a reasonable effort to remove the names of ineligible voters from the official lists of eligible voters due to death or change of residence. The U.S. Supreme Court even backed this up in its 2018 decision in the case Husted v. A. Philip Randolph Institute.
But Arizona’s current Secretary of State Adrian Fontes and its former Secretary of State (now Governor) Katie Hobbs have failed to perform the necessary voter list maintenance. And right now, 14 Arizona counties are in violation of Section 8 of the NVRA…
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