In a significant move, Arizona counties, in partnership with the Department of Homeland Security (DHS), have started the process of verifying the citizenship of voters listed as "federal-only" to ensure compliance with state laws.
Breitbart reported that this initiative comes after a legal challenge by America First Legal (AFL), resulting in an agreement to purge almost 50,000 non-citizens from the voter rolls.
The collaboration between Arizona counties and DHS was triggered by a lawsuit filed by AFL, a conservative legal group. AFL took legal action against all 15 counties in Arizona, arguing that they were not adequately enforcing state laws requiring voters to demonstrate citizenship to participate in state and local elections.
This lawsuit represented a broader concern about non-citizen participation in elections, an issue that has stirred considerable legal and political debate nationally.
The lawsuit, spearheaded by AFL on behalf of EZAZ.org and Yvonne Cahill, a registered voter and naturalized citizen, accused the counties of failing to adhere to Arizona's strict voter registration laws. Fox News covered the lawsuit extensively, highlighting the discrepancies in voter registration processes and the potential legal implications.
AFL's legal challenge was focused on ensuring that only eligible citizens could vote in elections that directly affect local and state governance.
Arizona law is distinct in its requirement for proof of citizenship for voter registration, a mandate that stands despite a 2013 U.S. Supreme Court decision.
The Court ruled that states could not impose registration requirements more stringent than the federal standards, which only require individuals to affirm their citizenship by checking a box. However, Arizona has maintained its requirements for state and local elections, leading to the distinction of "federal-only voters" who are registered without providing actual proof of citizenship.
The legal landscape regarding voter registration was significantly shaped by the Supreme Court's decision in 2013. This decision prompted various states to adjust their voter registration requirements, though Arizona continued to seek ways to enforce its laws within the framework provided by the Court.
The category of "federal-only voters" emerged as a result, targeting those who could participate in federal elections but were restricted from state and local ones without further citizenship verification.
Following AFL's lawsuit, an agreement was reached on April 9, 2025, leading to the dismissal of the lawsuit. The county defendants, in this case, agreed to follow AFL’s demands to request DHS’s involvement in verifying the citizenship of federal-only voters. This agreement was considered a victory for AFL and a significant step for Arizona in reinforcing its voting regulations.
The counties now must implement monthly maintenance checks as mandated by Arizona law, to verify the citizenship of nearly 50,000 federal-only voters. These checks are crucial for ensuring that the state's voter rolls are accurate and compliant with legal requirements.
The verification process involves the counties petitioning DHS to respond to citizenship verification requests under specific US Code sections dedicated to immigration and nationality data sharing.
This initiative is not unique to Arizona; other states such as North Carolina and Virginia have also undertaken similar measures to cleanse their voter rolls of non-citizens, according to a report by Breitbart News.
Such measures reflect a growing trend among states to ensure the integrity of their electoral processes, particularly focusing on the eligibility and verification of voters’ citizenship.
The issue of voter registration and the verification of citizenship status continues to be a pivotal topic in U.S. electoral politics. With the resolution of AFL's lawsuit and the proactive steps being taken by Arizona counties, the state is setting a precedent that may influence other states dealing with similar challenges.