America First Legal (AFL) has requested the Arizona Supreme Court to utilize all lawful measures to confirm the citizenship status of 97,688 registered voters and remove any noncitizens from voter rolls. This action was taken on behalf of Strong Communities Foundation of Arizona, known as EZAZ.org, and Yvonne Cahill, a registered voter and naturalized citizen.
On July 17, AFL sent demand letters to all 15 counties in Arizona, threatening legal action if steps were not taken to prevent illegal aliens from voting. Following a lack of response, AFL filed lawsuits against all 15 counties on September 4.
Recently, officials discovered a flaw that allowed nearly 100,000 voters to participate in state and local elections without providing proof of citizenship. Maricopa County Recorder Stephen Richer subsequently filed a special action with the Arizona Supreme Court on September 17. Richer asked for these voters to be moved to the “federal only” voter list, effectively preventing them from voting in state and local elections. In contrast, Secretary of State Adrian Fontes requested that these individuals continue voting without proving their citizenship.
In its amicus brief filed yesterday, AFL proposed sequestering early ballots returned by these voters while verification efforts are conducted by Secretary Fontes and county recorders. The brief suggests utilizing databases such as EVVE and DHS’s SAVE database for verification.
In 2022, the Arizona Legislature enacted H.B. 2492 and H.B. 2243 requiring monthly checks in specific databases to verify voter citizenship. However, Secretary Fontes has yet to access these databases.
AFL's solution involves Secretary Fontes obtaining access to EVVE through the Arizona Department of Health Services or directly. This would enable verification of natural-born citizens' places of birth. For those whose citizenship remains unverified after checking DHS’s SAVE database, direct requests should be made to DHS.
James Rogers, America First Legal Senior Counsel stated: “None of this would be a problem if Secretary Fontes and Arizona’s county recorders had followed the law and put in place the required processes to verify voters’ citizenship. Now that we’re in this mess, neither side has offered a good solution. Maricopa County Recorder Richer wants to disenfranchise almost 100,000 voters. Secretary Fontes wants to ignore Arizona’s laws that require voters to prove their citizenship. Neither solution makes sense. It’s wrong to disenfranchise lawful voters. But it’s also wrong to ignore the law and let people vote without proving their citizenship."
He added: "AFL has offered a workable solution that treads a middle path, satisfying the demands of mercy and justice. Arizona’s election officials should follow it.”