America First Legal (AFL) has achieved a significant development in its effort for election integrity in Arizona. All 15 counties in the state are now taking steps to remove non-citizen individuals from voter rolls, as per a settlement in a lawsuit originally filed by AFL.
The lawsuit, initiated on September 4, 2024, was filed on behalf of Strong Communities Foundation of Arizona, known as EZAZ.org, and Yvonne Cahill, a naturalized citizen and registered voter. Arizona holds a distinctive stance requiring proof of citizenship for voter registration in state and local elections, which AFL views as a measure to ensure only eligible citizens participate in these elections.
However, the U.S. Supreme Court has ruled that states like Arizona cannot mandate additional voter registration requirements for federal elections beyond those specified on the federal voter registration form. As a result, individuals who refuse to provide citizenship proof can still participate in federal elections in Arizona unless they are identified as ineligible voters.
There are approximately 50,000 voters in Arizona registered without proof of citizenship, termed as "federal-only voters," as they are only eligible to vote in federal but not state or local elections.
Under Arizona law, county recorders are required to maintain voter lists monthly to verify the citizenship of these federal-only voters. According to AFL, county recorders lacked the use of all available resources to affirm the citizenship status of registered voters until notified by AFL of these resources and their obligations.
Two federal statutes, 8 U.S.C. § 1373(c) and 8 U.S.C. § 1644, allow officials to gather citizenship status information from DHS. On January 20, 2025, President Trump issued an Executive Order pushing for adherence to these statutes to aid state and local governments in verifying citizenship or immigration status, a move further emphasized by another order on March 25 regarding election integrity.
Although Yavapai and Mohave counties settled this case last year, it is only recently that Maricopa County and the other counties proceeded to request DHS assistance in verifying these records. AFL, in partnership with EZAZ.org and Yvonne Cahill, continues its advocacy for ensuring only American citizens participate in elections.
James Rogers, Senior Counsel at America First Legal, remarked on the outcome. “This settlement is a great result for all Arizonans. This will help County Recorders find and remove any aliens on their voter rolls. It will also potentially enfranchise federal-only voters whose citizenship is confirmed, which would allow them to vote in State and local elections. AFL congratulates each of Arizona’s 15 County Recorders for taking this bold and important step for election integrity in the State," said James Rogers.