Federal Judge Dismisses Arizona Group’s Request for Pre-Election Voter Citizenship Verification

Judge with gavel, scales, and open book.

A federal judge has dismissed a lawsuit seeking to verify the citizenship of over 40,000 Arizona voters before the upcoming election, sparking concerns about potential non-citizen voting.

At a Glance

  • Federal judge rejects request to verify citizenship of 40,000+ Arizona voters
  • Lawsuit filed by Strong Communities Foundation, linked to former Trump advisor
  • Judge cites lack of standing and proximity to election as reasons for dismissal
  • Decision upholds National Voter Registration Act’s 90-day removal prohibition
  • Ruling highlights tension between election integrity and voter accessibility

Judge Dismisses Citizenship Verification Lawsuit

A federal judge has dealt a blow to efforts aimed at ensuring voter integrity in Arizona by dismissing a lawsuit that sought to verify the citizenship of over 40,000 registrants in the state’s federal-only voting system. The decision, made just weeks before the upcoming election, has reignited the debate over election security and the potential for non-citizen voting.

The lawsuit, filed by the Strong Communities Foundation of Arizona, a group linked to former Trump advisor Stephen Miller, requested that Arizona counties provide voter names to the U.S. Department of Homeland Security for citizenship verification. However, U.S. District Judge Krissa Lanham rejected the plea, citing both a lack of standing and the lawsuit’s proximity to the election as key factors in her decision.

Arizona’s Unique Voting System

At the heart of this legal battle is Arizona’s bifurcated voting system. This unique arrangement allows voters who provide proof of citizenship to participate in all elections, while those who don’t can only vote in federal elections. The system emerged as a compromise following a Supreme Court ruling that Arizona cannot require documented proof of citizenship for federal voter registration forms.

“The court declines to order Arizona’s county recorders to divert resources from preparing for the general election to instead submitting thousands of requests to DHS.” Judge Krissa Lanham wrote.

This ruling underscores the ongoing tension between implementing stringent election security measures and maintaining voter accessibility. Critics argue that the decision could potentially allow non-citizens to cast votes, thereby diluting the voice of American citizens. However, supporters of the ruling point out that no concrete evidence of widespread non-citizen voting has been presented.

Legal and Logistical Challenges

Judge Lanham’s decision highlighted several key issues with the lawsuit. First, she noted that the plaintiffs filed too close to the election, just 24 days before early voting began. This timing conflicts with the National Voter Registration Act, which prohibits removing voters from rolls within 90 days of an election.

“Plaintiffs waited until shortly before the election to file this lawsuit despite allegedly suffering irreparable harm since Arizona’s 2022 voter list maintenance laws were into effect,” Lanham wrote.

“Plaintiffs do not provide any plausible factual allegations supporting this belief,” she wrote. “Moreover, their claims about the likely results of the investigation rely on a public opinion poll.”

Furthermore, the judge emphasized the logistical challenges of running elections and the lack of evidence to justify diverting resources for citizenship checks. Maricopa County Recorder Stephen Richer has maintained that current verification processes meet legal requirements, using all available resources for voter eligibility checks.

Looking Ahead

The Strong Communities Foundation is reportedly evaluating the ruling and considering its next steps. This case reflects broader national discussions about the delicate balance between maintaining election integrity and protecting voting rights. As the election approaches, the debate over voter eligibility and citizenship verification is likely to remain a contentious issue, with implications that extend far beyond Arizona’s borders.

“Reality has proven that as a general rule, those who are not citizens do not register to vote.” Cazares-Kelly said. “In rare cases where someone who is not eligible actually attempts to register to vote, there are safeguards and laws to ensure that only eligible persons can vote.”

As the nation watches closely, the outcome of this case and potential future legal challenges could have significant ramifications for how states manage their voter rolls and verify voter eligibility in the run-up to major elections.

Sources:

  1. Judge rejects bid to force citizenship review of 40K Arizona voters
  2. Federal Judge Denies Right-Wing Challenge to Arizona Voter Roll Maintenance Practices
  3. Arizona Voter Lists Won’t Get Pre-Election Citizenship Check
  4. Judge Rejects Arizona Group’s Bid to Investigate Citizenship of 42,000 Federal-Only Voters