Conservative group threatens to sue Arizona election officials to block those using federal voting form

PHOENIX — A group headed by a former Trump adviser is threatening to sue the state’s 15 counties if they don’t try to check to see if there are noncitizens on their voter registration rolls.

In a letter to each of the 15 county recorders, James Rogers, senior counsel for America First Legal Foundation, is demanding they each request the Department of Homeland Security to verify the legal status of those on what is known as the “federal-only” voter registration list. These are people who have not submitted proof of citizenship but are allowed by federal law to cast ballots in presidential and congressional races.

Rogers, representing the Arizona Free Enterprise Club and Strong Communities Foundation of Arizona, does not challenge the legality of that federal law. He acknowledged the National Voter Registration Act forbids county officials from demanding proof of citizenship of those who use that federal form to register.

He said that, as of April, there are 35,273 registered voters throughout the state that are on that list.
But he tells the recorders nothing in that federal law allows those who are not citizens to vote. And Rogers contends the recorders have an affirmative obligation to use tools available to them to determine who is and who is not a citizen.

He cited a state law that requires county recorders, to the extent practicable, to “review relevant city, town, county, state and federal databases to which the county recorder has access to confirm information obtained that requires cancellation of registration.”

While Rogers acknowledged some databases are not available — something he blames on the “negligence” of Secretary of State Adrian Fontes — he said they still have the right under federal law to directly seek information from the Department of Homeland Security.

So Rogers is demanding each recorder respond to him, in writing, by the end of the day Tuesday confirming they have submitted such a request. He also wants each of them to submit a list of federal-only voters to the Attorney General’s Office.

“If you fail to confirm the above information in writing, then our clients may take legal action against you to compel you to fulfill your mandatory duties under Arizona law,” he wrote.

“We have received it and are reviewing it with our attorney,” said Michael Truelsen, spokesman for the Pima County Recorder’s Office.

David Stevens, the Cochise County recorder, said he is “waiting to discuss this with the county attorney’s office.”

That’s also the response from Patty Hansen, the Coconino County recorder.

“I’ve sent the letter to our legal counsel and we will be meeting with her by the end of the week to discuss it,” she said. “Until I visit with our attorney, I don’t know if we can fulfill their requests or not.”

Maricopa County Recorder Stephen Richer also said the letter is under legal review. But he questioned the premise of what America First Legal is suggesting.

“The Maricopa County Recorder’s Office prioritizes and prides itself on maintaining accurate, up-to-date voter rolls,’’ he said. And Richer said that remains a top priority, with more than 400,000 voters removed from the list since January 2021 when he took office.

Fontes spokesman Aaron Thacker said his agency doesn’t comment on pending litigation. But he questioned whether there really is a problem that needs to be solved.

“It is illegal for non-citizens to vote in our elections,” Thacker said. “State agencies adhere to the state and federal laws that govern voter registration.”

He also suggested there is no basis for any implication that those on the federal-only registration list are not citizens.

“The federal only ballots are made up of groups like Native Americans, college students and the elderly,” Thacker said, those who may not have easy access to the documents to prove citizenship.

He pointed out that federal form does require those signing up to swear, under penalty of perjury, that they are U.S. citizens and meet the eligibility requirements of the state.

This isn’t the first bid by interests aligned with Republicans to curtail voting in Arizona by those using the form in the upcoming presidential race.

The Arizona and national Republican parties are pursuing a separate legal effort, asking the 9th Circuit Court of Appeals to block those who register with the federal form from casting a ballot in this year’s presidential election.

They along with GOP legislative leaders contend U.S. District Court Judge Susan Bolton got it wrong when she ruled last year that federal law allows those without proof of citizenship to cast a ballot in the presidential race. The judge said as long as voters use that federal form, which does not require proof of citizenship, they can vote in federal elections.

Now the challengers want the appellate court to issue an emergency order to keep those who registered using the federal form from voting this year. They acknowledged there’s a political basis for their ask, saying those using that federal form are less likely to be Republicans than the GOP margin among all registered voters.

All that comes against the backdrop of Donald Trump losing Arizona and its 11 electoral votes in 2020 by 10,457 votes.

That legislation — the one that Bolton barred from being enforced — was crafted by the Arizona Free Enterprise Club, which promotes conservative causes and has been involved in other efforts designed to change voting procedures, like eliminating drop boxes. With no ruling on the horizon, Scot Mussi, the group’s executive director, said this threat of a new lawsuit was necessary.

“With the general election quickly approaching, Arizonans still have serious concerns about the integrity of their votes — and for good reasons,” he said in a prepared statement. He called it “unconscionable” that any county would fail to clean voter rolls to ensure that only citizens can cast a ballot.

Mussi, however, did not respond to requests for any evidence he has that votes are being cast by those who are not citizens.

In his own prepared statement, Gene Hamilton, executive director of American First Legal made no secret of his belief that many of those who use the federal form have no legal right to vote — and are doing so in a way that goes against the goals of conservative interests and electing those they support.

“The integrity of our elections now potentially hinges upon millions of illegal aliens simply checking a box on a piece of paper that claims they are U.S. citizens,” he said.

“Then, whatever ballot they would receive for use is available to be cast by leftists activists to influence the outcome of elections,” Hamilton continued. “This is lunacy.”

All that is in line with the stated goals of America First Legal which is to “oppose the radical left’s anti-jobs, anti-freedom, anti-faith, anti-borders, anti-police, and anti-American crusade.”

“Our security, our liberty, our sovereignty, and our most fundamental rights and values are being systematically dismantled by an unholy alliance of corrupt special interests, big tech titans, the fake news medial, and liberal Washington politicians,” according to its mission statement.

The organization was founded and is run by Stephen Miller who was ad adviser to President Trump during his four years in office.