WASHINGTON, D.C. – America First Legal (AFL) has secured a major victory for election integrity, with all 15 counties in Arizona now working to remove non-citizens from the state’s voter rolls. Following a settlement in a lawsuit AFL filed last year, all 15 Arizona County Recorders are now seeking assistance from the U.S. Department of Homeland Security (DHS) to verify the citizenship status of registered voters who have not provided proof of citizenship.
AFL filed the lawsuit against the 15 counties in Arizona on September 4, 2024, on behalf of its clients, Strong Communities Foundation of Arizona, known as EZAZ.org, and Yvonne Cahill, a registered voter and naturalized citizen. The lawsuit stemmed from Arizona’s unique voter registration system, which, unlike almost every other state, requires documentary proof of citizenship to vote in state and local elections. The state’s groundbreaking law imposing this requirement is an important way to ensure that only eligible citizens can vote.
The U.S. Supreme Court has ruled that in federal elections, states cannot impose additional voter registration requirements beyond what the federal voter registration form requires, which only requires registrants to check a box affirming they are citizens. Therefore, if someone registering to vote in Arizona refuses to provide proof of citizenship, the state is required to allow that person to vote in Arizona’s federal elections, unless the state discovers that the individual is an ineligible voter. However, Arizona law still requires proof of citizenship to vote in state and local elections.
Nearly 50,000 individuals have registered to vote in Arizona without providing proof of citizenship. These so-called “federal-only voters” can only vote in Arizona’s federal elections, but not in state or local elections.
Arizona law requires county recorders to perform monthly list maintenance to confirm the citizenship of federal-only registered voters. Voter registrations of people found to be non-citizens are required to be canceled, while those who are confirmed to be citizens are moved onto the regular voter list and allowed to vote in state and local elections. However, county recorders had not been utilizing all available resources to verify the citizenship status of registered voters until AFL took action last year, notifying all 15 Arizona County Recorders of the resources available to them and their legal obligations to use them.
Two federal statutes, 8 U.S.C. § 1373(c) and 8 U.S.C. § 1644, authorize state and local officials to obtain information about the citizenship or immigration status of any individual for any lawful purpose. Until now, county recorders haven’t invoked this law to get DHS’s assistance to verify the citizenship of federal-only voters. However, on January 20, 2025, the day that he took office, President Trump issued an Executive Order requiring the Secretary of Homeland Security “to ensure maximum compliance by Department of Homeland Security personnel with the provisions of 8 U.S.C. 1373 and 8 U.S.C. 1644 and ensure that State and local governments are provided with the information necessary to fulfill … citizenship, or immigration status verification requirements authorized by law.” And again, on March 25, he issued an Executive Order on election integrity that cited 8 U.S.C. 1373(c) and affirmed that “the Department of Homeland Security is required to share database information with States upon request so they can fulfill this duty” of making sure that aliens are not registered to vote.
AFL sued all 15 of Arizona’s County Recorders to compel them to enlist DHS’s aid to verify the citizenship of voters. Late last year, the County Recorders of Yavapai and Mohave Counties settled the case and asked DHS to assist the counties in verifying the citizenship of federal-only voters. Last week, Maricopa County and the remaining 12 counties joined in sending requests to DHS to verify the citizenship of federal-only voters.
AFL is proud to have partnered with EZAZ.org and Yvonne Cahill to protect Arizona election integrity, and we will continue fighting relentlessly to ensure that only American citizens vote in U.S. elections.
Statement from James Rogers, America First Legal Senior Counsel:
“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.
Read the stipulated dismissal here.
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