The lawsuit filed by America First Legal (AFL) against Maricopa County in Arizona to block illegal immigrants from voting now covers 14 more counties in the state.
The lawsuit alleges that authorities have not removed foreign nationals' names from voter rolls as required by law, and asks the court to order the counties to remedy their refusal to comply with the law.
This isn't just to stop illegal immigrants from voting: The lawsuit cites studies that argue that public confidence in elections is undermined because millions of Americans believe illegal immigrants are voting.
First, the letter…
Trouble for county officials began in July when the AFL sent a letter demanding that illegal immigrants be removed from the voter rolls.
The letter follows one to all 50 states outlining how federal laws and databases can be used to block foreign nationals from voting.
“Arizona election officials are obligated to remove foreign nationals from voter rolls and ensure that available access to federal databases is utilized,” the AFL explained in a news release.
By way of background, Arizona law requires proof of citizenship to register to vote. However, the U.S. Supreme Court has ruled that states cannot impose additional voter registration requirements for federal elections beyond those required by the federal voter registration form, which only requires registrants to check a box confirming that they are citizens. Thus, the Supreme Court ruled that because the form does not require documentary proof of citizenship, Arizona cannot require such proof when registering to vote for federal elections. Thus, if a person who registers to vote in Arizona refuses to provide proof of citizenship, the state must allow that person to vote in federal elections in Arizona (unless the state finds that the individual is an ineligible voter), but the person cannot vote in state and local elections.
Strikingly, the AFL reported that as of April 1, more than 35,000 registered voters in the state were unable to prove their citizenship. Of note, the state's 2020 presidential election was decided by just over 10,000 votes.
But the AFL argued that county recorders can use two 30-year-old federal statutes to verify citizenship: 8 USC § 1373(c) and 8 USC § 1644, which allow state and local officials to request citizenship information for any lawful purpose.
The AFL gave 15 counties a one-week grace period, with one complying, and the AFL reported:
Maricopa County Recorder Steven Richer responded through his attorney and brazenly stated that he would not take any action. He falsely claimed that his office was already in compliance with the law regarding voter citizenship verification. This claim is false because the number of registered voters whose citizenship has not been verified continues to grow under his watch and his office has not even attempted to access the databases necessary to verify the citizenship of already registered voters.
And the lawsuits
So the AFL, on behalf of naturalized citizen Yvonne Cahill and the Strong Communities Foundation of Arizona, filed suit in Maricopa County Superior Court on Aug. 5 to force Richer to enforce the law.
The lawsuit made three key points:
60% of Arizonans are “concerned that fraud will affect the outcome of the 2024 election.”
A July 2024 survey of voters in Arizona and five other states found that “just over one percent (1%) of eligible voters identified themselves as not being United States citizens.”
Many recent election races in Arizona have been decided by less than 1%.
State law requires voter rolls to be maintained, the lawsuit states. Federal law requires states to ensure that “voters who are ineligible to vote in[federal elections]are removed.”
But the litigation continued.
Inexplicably, Maricopa County Recorder Steven Richer ignored these requirements: he did not take the steps required by law to remove foreign citizens from Maricopa County voter rolls.
The AFL explained that rather than fight the case in court, the county took it to federal court because the case involves federal law and must be heard in federal court.
Amended Complaint
On Sept. 4, the AFL amended its complaint against Maricopa County to include 14 other Arizona counties, which also received letters in July.
“Arizona counties have decided to ignore these tools and threaten the integrity of the 2024 presidential election by failing to remove foreign nationals from their voter rolls,” the AFL explained, again citing federal law that allows state and local authorities to access federal databases to verify an individual's citizenship.
The 35-page complaint was filed in U.S. District Court in Arizona on Sept. 3. In addition to alleging that the counties are ignoring laws that ensure only residents can vote, it also includes additional survey data. The defendants' failures have “caused voters to lose confidence in the integrity of our election system,” the complaint alleges.
For example, a recent national survey of voters found that 52% believe election authorities have done nothing or not done enough to stop foreigners from voting, and only 26% believe election authorities have an effective plan for dealing with foreigners voting.
Another recent survey found that “55% of U.S. voters believe it is likely that foreign nationals are illegally registered to vote in their state, with 32% saying it is “very likely.” 37% believe it is unlikely that foreign nationals are illegally registered to vote in their state, with 14% saying it is “not at all likely.”
Is it unusual for foreigners to vote?
Just five days ago, the Associated Press published an article with the following poignant headline:
Illegal voting by foreigners is rare, but Republicans have made it a major issue in this election.
Despite the headline, this article provided evidence that it may not be uncommon. Whether it is uncommon may depend on different people's definition of “uncommon.”
Three states have purged more than 11,000 voters from their rolls.
To learn more about the John Birch Society's campaign to restore election integrity, click here.
