The famous poet and philosopher Ralph Waldo Emerson from the 1800s once quipped, “What you do speaks so loudly that I cannot hear what you are saying.” This is especially true when observing how our elected officials operate our government.
Per several posts on X, voters recently received a text blast referencing Vice President Kamala Harris as the “presumptive Democrat nominee” and chiding her “radical” left election policy positions, including “same-day voter registration, no voter ID, and more federal control of our elections.” The text blast made a policy commitment on behalf of the current Maricopa County Recorder Stephen Richer to protect us from these extreme policies.
How is he going to defend against Kamala's radical policies if he's voting for her!? pic.twitter.com/nplbCEi7d1
— Rep. Alexander Kolodin (@realAlexKolodin) July 29, 2024
But when presented with the opportunity to codify such protections into law, the Maricopa County Recorder’s track record tells a different story.
In the 2022 legislative session, State Representative Jake Hoffman introduced bill HB2237, which would have made same-day voter registration illegal in Arizona.
It was a very simple bill that just stated:
Same-day voter registration is a scheme from the left to overwhelm County Recorders with thousands of registrations on Election Day or during a voting period. This makes it nearly impossible to confirm if someone is actually a legal citizen resident of Arizona before providing them with a ballot.
Currently, throughout the year, but especially at the last minute right before voter registration election deadlines, many groups in Arizona, especially from the left, have generous paid programs to register voters. They often don’t submit completed forms, creating complications for election workers. Jen Fifield from Vote Beat recently reported on the issues caused by this.
NEW: Hundreds of Arizonans who tried to register to vote just before Tuesday’s primary election were blocked from the rolls because of a problem with their paper forms, @VotebeatUS analysis found.https://t.co/Rye0LtDxmV
As the article mentions, these same extreme left groups advocate for same-day voter registration, and many pushed their members and lobbyists to sign in against HB2237 in 2022. Even Katie Hobbs’ Secretary of State Office signed in against the bill, while conservative groups like the Arizona Free Enterprise Club and Heritage Action signed in favor of banning same-day voter registration.
You would think that at such a moment as this bold, simple bill, the Maricopa County Recorder could take a strong stand and defend his employees and the voters from such an insane policy from the left. Unfortunately, neither the Recorder’s Office, his office’s lobbyist, nor the associations for the recorders and counties took a position on the bill. The Maricopa County Recorder didn’t show up to testify for or against the bill either.
Complete silence.
When it comes to voter ID, it gets much worse.
The Arizona Legislature added Proposition 309 to the 2022 ballot, which would have added a voter ID requirement on early ballots. It was a simple proposal that the Recorder’s Office was previously on record as supporting in principle, per public records.
When the bill was brought before the Legislature, the Arizona Association of Counties opposed it. There is no record of the Recorder or his lobbyist associations taking a position on the bill or offering amendments.
When the proposition made it to the ballot, the Maricopa County Recorder not only publicly opposed voter ID for early voting but also used government resources to do so.
The Arizona County Recorders (people who oversee early voting) OPPOSE Proposition 309.
— Stephen Richer—MaricopaCountyRecorder (prsnl acct) (@stephen_richer) October 11, 2022
I found this strange since all my previous interactions with Recorder Richer, from working on his 2019 “election integrity” report to conversations with his office on policy to a coffee meeting I had with him one-on-one in 2021, all indicated that his position was that signature verification alone wasn’t sufficient to secure elections and that some sort of voter ID mechanism was needed to secure early ballots.
It's interesting that you flipped your position on the effectiveness of signature verification, @stephen_richer, because last we met you affirmed that our findings from our election audit report still remained & signature review process is not sufficient to secure our vote pic.twitter.com/rHtEpIzleW
July 23, 2021, @stephen_richer told me at a coffee meeting his department has no way to legitimately verify signatures and the voter rolls were a complete mess
He said he needed at least two more identifiers to confidently confirm voter identity and stop ballot harvesting https://t.co/FXGjnqAvb2
— Merissa Hamilton 🗳 ⛽ 🗽🔥 (@merissahamilton) May 9, 2023
The Arizonans for Voter ID organization sent a letter to the Arizona Attorney General admonishing Recorder Richer for violating the law by using his government office resources to advocate against the ballot referral.
.@stephen_richer did this to voice his feelings on #Prop309 which ensures everyone shows ID, and wrongly claimed unanimous support for his letter, which doesn't exist. We hope @GeneralBrnovich protects our elections from the inappropriate influence of the Recorder's Office. pic.twitter.com/ifbsVfRZkT
The voter ID proposition ended up failing by 18,488 votes and only by 2.5% in Maricopa County.
Fast forward two years. The Maricopa County Recorder’s letter on Prop 309 is scrubbed from the internet now that he’s running for re-election, and text blasts are going out stating he will defend voter ID.
To be clear, the current Maricopa County Recorder not only has multiple associations at his disposal to advocate for or against policy, but he also has his own lobbyist for his office. With all these lobbying resources, his opponent Rep. Justin Heap was recently featured on the Mike Broomhead show as stating that although he’s served on the Legislature’s House Elections Committee for the last two years, he’s never seen the Maricopa County Recorder at the Legislature. Heap says Recorder Richer has been a “hindrance” in passing needed laws, such as those to fight radical left policies.
When it comes to federal laws, as I mentioned in my piece on AZ Free News last week, the current Recorder has also been silent on his award-winning X platform in advocating for the Speaker Johnson-supported SAVE Act to require proof of citizenship for voters in federal elections.
One thing is for certain, while the current Maricopa County Recorder has taken a back seat when it comes to defending voters from radical left policies, Maricopa County voters are certainly desperate for our county recorders to use their resources to give us a stronger voice in standing up for policies that would strengthen the security and trust in our elections.
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 a mission to restore our American Republic.
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.
American elections should be decided by American voters. That is why the U.S. House of Representatives recently passed the Safeguard American Voter Eligibility (SAVE) Act, legislation that defends that basic principle by requiring proof of citizenship to vote.
In a sane world — especially with an election on the horizon — the SAVE Act would quickly get a vote in the Senate and pass overwhelmingly. Unfortunately, that will not be the case due to Democratic objections to citizenship verification.
On the bright side, as Democrats attempt to normalize the practice of noncitizen voting in local-government elections, many states are not waiting around for Congress to fix the problem. Missouri, North Carolina, Idaho, Oklahoma, South Carolina, Iowa, Wisconsin and Kentucky have advanced constitutional amendments to the ballot to let voters decide for themselves whether or not proof of citizenship should be required to vote.
Ohio and Louisiana voters advanced noncitizen voting bans by wide margins this year, bringing the total number of states to implement such a ban up to seven.
Most Americans believe it is common sense to verify that voters are citizens before they get a ballot, according to polling from Honest Elections Project. In fact, only 9% of respondents believe noncitizens should be able to vote in American elections.
However, contrary to popular opinion, progressive attorneys like Marc Elias have convinced like-minded judges to interpret federal law to prevent states from checking an individual’s citizenship during the voter-registration process. As a result, we are forced to rely on nothing more than an unaccountable honor system to police one of the most important aspects of the franchise.
Sometimes illegal registrations are innocent mistakes or the result of noncitizens being misled into believing they can vote. Other times, it happens deliberately. Thanks to our lax laws, it is clearly possible for noncitizens to cast ballots in American elections.
Democrats want to keep it that way.
Washington, D.C., recently enacted a policy to allow noncitizens to vote in 2022. Even the Washington Post editorial board condemned the law, noting that “[s]ome progressives hope that reshaping the electorate will allow them to reshape local politics, prodding the city further to the left on issues such as rent control and spending on social programs.”
The New York City Council passed a similar resolution to allow noncitizen voting in 2022. Thankfully, it was ruled unconstitutional by a state appeals court. Had that not been the case, it would have allowed hundreds of thousands of noncitizens to vote in local elections.
For decades, Rep. Jamie Raskin, the highest ranking Democrat on the House Committee on Oversight and Accountability, has openly advocated for noncitizen voting.
The fact is noncitizen voting has gone mainstream on the left. Progressives are actively looking for ways to change the composition of the electorate to push American politics to the left, from lowering the voting age to enfranchising felons — and, yes, noncitizens.
It is already illegal for noncitizens to vote in federal races, they retort. That is true, but merely making something illegal does not stop it, because noncitizens do register and vote.
Democrats are exceedingly out of touch with the median voter on this issue. Perhaps that is why today’s left rejects the idea of the people choosing their government in favor of the government choosing a new people.
The House Democrats’ near unanimous opposition to the SAVE Act and the Democrat-controlled Senate’s likely refusal to consider the bill shows that liberals are not committed to safeguarding American elections from the influence of noncitizens.
The American people deserve to know why liberal politicians in Washington are so keen to put the interests of foreign nationals over the voting rights of American citizens. More state lawmakers must join the effort to secure our elections by nipping this trend in the bud.
Democrat Congressman Ruben Gallego (D-AZ), alongside fellow Democrat Rep. Greg Stanton, broke with the rest of the Arizona Congressional Delegation and voted against The Safeguard American Voter Eligibility Act on July 10. The move from Gallego comes as a surprise to some given his own bill, the Voting Clarity Act, which, as reported by AZ Free News, would advise illegal immigrants applying for asylum that it is illegal for them to vote under federal law.
In a press release in early July, Gallego said definitively that voting rights should not be extended to illegal immigrants. He told reporters: “That is why it is critical that those seeking to enter the U.S. are told clearly and upfront that they cannot vote in our elections if they are not citizens.”
He added, “I’m proud to introduce this commonsense bill to combat misinformation about who can, and cannot vote in our federal elections.”
His vote against the SAVE Act would seem to vindicate a statement from the National Republican Senatorial Committee (NRSC) claiming that the Voting Clarity Act was merely an attempt to “pander” to Arizona voters concerned about the border. The NRSC rebuked him saying, “Ruben Gallego has been rubber-stamping the far left’s most radical, open border policies for his entire career in Washington. His election year pandering is a slap in the face to Arizonans who are facing the brunt of the border crisis Gallego helped create.”
Indeed, a vote against the SAVE Act would appear to contradict the sentiments of Gallego’s own “Voting Clarity Act,” in that the SAVE Act only serves to reinforce the laws that Gallego would advise illegal immigrants to obey.
Prohibit states from accepting and processing an application to register to vote in a federal election unless the applicant presents documentary proof of U.S. citizenship.
Prohibit states from registering an individual to vote in a federal election unless, at the time the individual applies to register to vote, the individual provides documentary proof of U.S. citizenship; and
Require states to establish an alternative process under which an applicant may submit other evidence to demonstrate U.S. citizenship.
Each state must take affirmative steps on an ongoing basis to ensure that only U.S. citizens are registered to vote, which shall include establishing a program to identify individuals who are not U.S. citizens using information supplied by specified sources.
The text of both bills are complimentary in most respects, with Gallego’s bill stating unequivocally, “The Secretary of Homeland Security shall provide information to each alien applying for asylum under this section on the restrictions on voting and the penalties for voting unlawfully under Federal law, including under section 611 of title 18, United States Code, at the time of such application. Information under this paragraph shall be provided in a form and language that the alien can understand.’’.
In a mailer obtained by Cactus Politics, Republican Senate Candidate Kari Lake’s campaign reportedly responded to Gallego’s vote against the SAVE Act that stated, “On Wednesday, Ruben Gallego voted AGAINST the SAVE Act, which would prevent illegal immigrants and non-U.S. citizens from voting in our elections and establish penalties for intentionally registering non-citizens to vote. Notably, Arizona currently tells voters that if their citizenship cannot be confirmed, they will receive a federal-only ballot, allowing them to vote in Presidential, U.S. Senate, and U.S. House Elections.”
Lake is quoted as saying, “Ruben Gallego helped Joe Biden open our border and allowed millions of illegal aliens into America. Then, today, to add insult to injury, Ruben spat in the face of every law-abiding American when he voted to allow illegal immigrants to vote in our elections. Our elections are sacred. We will NOT allow Biden and Gallego to water down our vote and disenfranchise American citizens. Ruben Gallego is the most radical member of Congress, and this November, Arizona will reject him and his owner, Joe Biden.”
During her remarks at the Republican National Convention in Milwaukee, Lake noted Gallego’s vote against the SAVE Act saying, “Americans are waking up to the truth about the disastrous Democrat policies pushed by Joe Biden and his favorite Congressman, my opponent Ruben Gallego. These guys, they are full, they’re full of bad ideas. Just last week Ruben Gallego voted to let the millions of people who poured into our country illegally cast a ballot in this upcoming election. Gallego and the Democrats have handed over control of my state, Arizona’s, border to the drug cartels and because of them, criminals and deadly drugs are pouring in and our children are dying. Our children are getting their hands on these drugs and dying.”
Gallego campaign spokeswoman Hannah Goss responded to Lake’s remarks in a statement published by the Arizona Mirror saying, “Kari Lake stood on stage and proved to everyone that she will say anything to get power — including lie to Arizonans to distract from her dangerous plan to ban abortion without exceptions for rape or incest.” Notably, the statement from Gallego’s spokeswoman failed to address the Congressman’s contradictory vote against the SAVE Act.
