Arizona Counties Act to Verify Voter Citizenship After Legal Pressure
By Archyde News Journalist
Published: April 16, 2025
All 15 Arizona Counties Seek DHS Assistance in Voter Roll Verification
WASHINGTON, D.C. – In a significant development concerning election integrity, all 15 counties in Arizona are now actively working to verify the citizenship status of their registered voters.This action follows a settlement stemming from a lawsuit filed by America first Legal (AFL) on September 4,2024,against all 15 Arizona counties,alleging a failure to adequately remove non-citizens from voter rolls.
The lawsuit, brought on behalf of the Strong Communities Foundation of Arizona (EZAZ.org) and Yvonne Cahill, a naturalized U.S. citizen and registered voter, highlighted a unique aspect of Arizona’s voter registration system. Unlike most states, Arizona requires documentary proof of citizenship to vote in state and local elections, a provision enshrined in Arizona Revised statute 16-166.
The core of the issue lies in the difference between federal and state election requirements. The U.S. Supreme Court has affirmed that states cannot impose additional voter registration requirements beyond the federal standard for federal elections. This federal standard, as dictated by the National Voter Registration Act (NVRA), only requires a registrant to affirm their citizenship. This discrepancy has led to the creation of a category of “federal-only voters” in Arizona, individuals who registered without providing documentary proof of citizenship and, thus, can only vote in federal elections.
According to data from the Arizona Secretary of State, nearly 50,000 individuals in Arizona are registered as federal-only voters as of january 2, 2025. This group is at the centre of the debate surrounding voter eligibility and election integrity in the state.
Arizona law, specifically Arizona Revised Statute 16-165, mandates that county recorders conduct monthly maintenance of voter lists to ascertain the citizenship of federal-only registered voters. Registrations of individuals confirmed to be non-citizens must be canceled. In contrast, those confirmed to be citizens are moved to the regular voter list, granting them the right to vote in state and local elections.
AFL contended that county recorders had not been fully utilizing available resources to verify citizenship status until the institution intervened. In a proactive move last year, AFL sent notifications to all 15 Arizona County Recorders, reminding them of the resources at their disposal and their legal obligation to use them.
Federal Statutes Invoked for citizenship Verification
The legal basis for counties to seek facts from federal agencies is rooted in two key federal statutes: 8 U.S.C. § 1373(c) and 8 U.S.C. § 1644.These statutes authorize state and local officials to obtain information regarding an individual’s citizenship or immigration status for any lawful purpose.
the Trump governance further emphasized this point through executive actions. On January 20, 2025, President Trump issued an Executive Order directing the Secretary of Homeland Security to ensure maximum compliance with 8 U.S.C. § 1373 and 8 U.S.C.§ 1644.This order explicitly aimed to provide state and local governments with the necessary information to fulfill citizenship verification requirements authorized by law.
This was followed by an Executive Order on election integrity on March 25, which reaffirmed the Department of Homeland Security’s obligation to share database information with states upon request to ensure that non-citizens are not registered to vote, again citing 8 U.S.C. § 1373(c).
Settlements and DHS involvement
AFL’s legal strategy involved suing all 15 Arizona County Recorders to compel them to request assistance from DHS in verifying voter citizenship. Yavapai and Mohave Counties were the first to settle, requesting DHS’s assistance late last year.
The recent decision by maricopa County, alongside the remaining 12 counties, to join in sending requests to DHS marks a complete victory for AFL’s legal efforts.
| County | Action taken | Date of Action (Approximate) |
|---|---|---|
| Yavapai County | Settled with AFL, requested DHS assistance | Late 2024 |
| Mohave County | Settled with AFL, requested DHS assistance | Late 2024 |
| maricopa County | Requested DHS assistance | Last week of March 2025 |
| Remaining 12 Counties | Requested DHS assistance | last week of March 2025 |
“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 perhaps 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,”
james Rogers, America First Legal Senior Counsel
The stipulated dismissal document related to the case is available here.
Potential Implications and broader Context
The actions taken by Arizona counties raise several important questions about election administration and voter access in the United States:
- Impact on Voter Turnout: critics argue that stricter voter ID laws and citizenship verification processes can disproportionately affect minority groups and low-income individuals, potentially leading to decreased voter turnout.
- Federalism and State Rights: The legal battle highlights the ongoing tension between federal election laws and states’ rights to manage their own elections. The extent to which states can impose additional requirements beyond the federal standard remains a contentious issue.
- Data Privacy Concerns: Sharing voter data with federal agencies raises concerns about data privacy and potential misuse of information. Safeguards and clear protocols are needed to ensure that voter information is protected.
- National Implications: The Arizona case could set a precedent for other states seeking to tighten their voter registration requirements. Similar legal challenges and legislative efforts are likely to emerge across the country.
This case in Arizona underscores the ongoing national debate surrounding election integrity, voter access, and the balance between federal and state authority in election administration. As states continue to grapple with these issues, it is crucial to ensure that all eligible citizens have the opportunity to exercise their right to vote while maintaining the integrity of the electoral process.
