Suit: AZ Counties Are Failing To Take Nonctizens Off Voter Rolls
The article discusses a legal challenge in Arizona alleging that the state’s 15 counties are failing to remove noncitizens from voter rolls. This “amended” lawsuit, filed by the Strong Communities Foundation of Arizona and resident Yvonne Cahill, claims that county election officials have not complied with legal requirements to maintain accurate voter lists.
The lawsuit aims to restore public trust in the electoral system by holding officials accountable for these alleged failures and ensuring compliance with existing laws regarding voter list maintenance. The plaintiffs, represented by America First Legal (AFL) and other legal counsel, argue that there is a necessity for verification processes to remove foreign nationals from the voter rolls.
Originally focused on Maricopa County and its Recorder Stephen Richer, the amended complaint includes all 15 county recorders in Arizona. The legal dispute highlights the ongoing tension between federal and state laws regarding voter registration. In Arizona, individuals who lack documentary proof of citizenship can register as “Federal-Only Voters” and participate in federal elections, but state law mandates that they provide such proof for state registration.
The plaintiffs seek an affirmation from the U.S. District Court for the District of Arizona to enforce these voter list maintenance laws and ensure that all county recorders adhere to them. The article also discusses previous attempts by AFL to prompt action from county recorders concerning the verification of citizenship for voters, adding context to the broader implications of this lawsuit on election integrity in Arizona.
For further details, the article is authored by Shawn Fleetwood, a staff writer for The Federalist.
Arizona’s 15 counties are refusing to undertake required procedures to ensure foreign nationals are removed from the voter rolls, an “amended” lawsuit filed Tuesday alleges.
Brought on behalf of the Strong Communities Foundation of Arizona and resident Yvonne Cahill, the legal challenge argues that the Grand Canyon State’s 15 election recorders “have failed to take the actions required by law to ensure that foreign citizens are removed from their voter rolls.” Plaintiffs are represented by America First Legal (AFL) and a law firm headed by former Arizona Assistant Attorney General Jennifer Wright.
“This lawsuit seeks to restore public trust in our State’s electoral system by holding the Defendants accountable for their failures and to ensure that the list maintenance required by the law—and common sense—is performed,” the filing reads.
Tuesday’s challenge is an “amended” version of a complaint filed against Maricopa County Recorder Stephen Richer early last month, according to a press release from AFL regarding the lawsuit.
Plaintiffs similarly alleged that Richer “ignored” his legally mandated obligation to “ensure” the removal of noncitizens from the locality’s voter rolls. A representative from Richer’s office previously told The Federalist that, while Richer had yet to be served the suit at that point, the Maricopa County Recorder’s Office “prioritizes and prides itself on maintaining accurate, up-to-date voter rolls,” and “will continue to follow the letter of the law.”
Richer’s office did not respond to The Federalist’s request for comment on Wednesday.
The “amended” complaint adds Arizona’s 14 other county recorders as defendants in the suit.
The entire saga seemingly began in July, when AFL sent a letter “to all 15 of Arizona’s county recorders” demanding “that the recorders immediately start using existing federal law to verify the citizenship of all of Arizona’s federal-only voters.” In Arizona, individuals who do not provide documentary proof of citizenship (DPOC) when registering to vote are permitted to do so as “Federal-Only Voters” and cast ballots in federal elections. That allowance is due to a 2013 U.S. Supreme Court ruling known as Arizona v. Inter Tribal Council of Ariz., Inc.
State law, however, mandates individuals provide DPOC when registering via a state voter registration form. That requirement was recently upheld by the U.S. Supreme Court.
Plaintiffs contest that Arizona’s 15 recorders have failed to undertake proper voter list maintenance procedures as required by law to ensure foreign nationals are removed from the rolls and the security of Arizona’s elections is upheld.
“Because it is illegal for foreign citizens to register to vote in federal elections, any foreign citizen who is registered to vote is ineligible,” the lawsuit reads. “Therefore, federal law requires County Recorders to ‘perform list maintenance’ and to engage in ‘reasonable efforts’ to ensure that foreign citizens are not registered to vote.”
Plaintiffs have requested the U.S. District Court for the District of Arizona affirm existing voter list maintenance laws and require the state’s recorders to comply with them.
Strong Communities Foundati… by The Federalist
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