Court Halts Controversial Voter Citizenship Check Before Upcoming Election

Judge's gavel beside a law book.

A federal judge blocks Arizona’s bid to verify voter citizenship before the November election, citing legal and logistical concerns.

At a Glance

  • Federal court rejects Strong Communities Foundation’s request for pre-election citizenship checks on 40,000+ voters
  • Judge cites lack of legal standing and federal restrictions on voter list changes within 90 days of an election
  • Arizona’s bifurcated voting system allows federal-only voting for those without citizenship proof
  • Lawsuit filed too close to election, lacking evidence of non-citizen voting
  • Current measures by Maricopa County Recorder deemed legally adequate

Federal Judge Denies Pre-Election Citizenship Checks

In a significant ruling, a federal trial court judge has refused to mandate Arizona counties to provide voter names to the U.S. Department of Homeland Security for citizenship verification before the upcoming November election. This decision comes as a setback to the Strong Communities Foundation of Arizona, a group linked to former Trump advisor Stephen Miller, which sought to authenticate the citizenship of over 40,000 voters registered under the federal-only system.

The judge’s ruling underscores the complexities of Arizona’s voting system and the ongoing debate over election integrity measures. Arizona state laws require potential voters to present documentary proof of citizenship to register, but this requirement cannot be enforced on individuals using the federal voter registration form. This has resulted in a bifurcated voting system where voters with proof of citizenship can vote in all elections, while those without can only participate in federal elections.

Legal and Logistical Hurdles

The court’s decision highlighted several key issues that prevented the implementation of the proposed citizenship checks. Judge Krissa Lanham ruled that the Strong Communities Foundation lacked legal standing and failed to demonstrate harm if the order was not issued. Moreover, the National Voter Registration Act prohibits removing voters from rolls within 90 days of an election, a crucial factor in the judge’s decision.

“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.” – Source

The lawsuit was filed just 24 days before early voting began, which the judge deemed unacceptable. This timing issue, combined with the lack of concrete evidence of non-citizens registering or voting in Arizona, further weakened the plaintiffs’ case. Judge Lanham emphasized the logistical challenges of running elections and the absence of justification for diverting resources to conduct citizenship checks.

Current Measures and Ongoing Debate

Maricopa County Recorder Stephen Richer vehemently denied allegations of inadequately removing noncitizens from voter rolls, asserting that he uses all available resources for verification. This stance aligns with the judge’s finding that current measures are legally adequate.

“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.” – Source

However, the debate over election integrity measures continues. The Strong Communities Foundation argued that failing to verify citizenship could lead to vote dilution and undermine election integrity. They cited a national survey suggesting that 52% of likely voters believe election officials are not doing enough to prevent foreign citizens from voting.

As the election approaches, Arizona’s voting system remains a topic of intense scrutiny and debate. While the federal court’s decision maintains the status quo for now, the broader questions surrounding voter citizenship verification and election integrity are likely to persist beyond the upcoming November election.

Sources:

  1. Arizona Voter Lists Don’t Need Pre-Election Citizenship Check
  2. Federal Judge Denies Right-Wing Challenge to Arizona Voter Roll Maintenance Practices
  3. Judge rejects bid to force citizenship review of 40K Arizona voters

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