Federal Judge Blocks Pre-Election Voter ID Proposal

A federal judge has declined the request of an Arizona group seeking pre-election voter citizenship checks, pushing back against alleged threats to election integrity.

At a Glance

Judge refused to mandate AZ counties for voter citizenship checks.
AZ’s bifurcated voting system allows only federal voting without citizenship proof.
Federal law limits voter list changes close to elections.
Arizona continues to defend its voter verification methods.

Judge Upholds Voter Verification Laws

A federal judge denied a request by the Strong Communities Foundation of Arizona to require Arizona counties to provide voter names to the U.S. Department of Homeland Security for citizenship verification ahead of the November election. The decision highlights the legal limitations faced by those challenging voter registration protocols, especially when the plaintiffs fail to establish the likelihood of their allegations. Arizona state law does require potential voters to present documentary proof of citizenship upon registration, though this requirement cannot be enforced on those registering through the federal form.

Federal judges have consistently ruled that Arizona’s bifurcated voting system, which allows individuals without proof of citizenship to vote solely in federal elections, is compliant with the National Voter Registration Act. These systems are designed to uphold both federal and state laws while ensuring non-citizens are not disenfranchised in federal electoral processes.

NEW: An Arizona judge rejected a request from a right-wing group to verify the citizenship of Arizona's 40,000 "federal-only" voters before they can vote this fall. The judge said the plaintiffs lacked standing and their request violates federal law. https://t.co/D8VcWKyEjH

— Democracy Docket (@DemocracyDocket) October 12, 2024

Legal Standing and Timing Issues

The lawsuit was brought forth a week before early voting was dismissed, with the court indicating that the plaintiffs, linked to former Trump advisor Stephen Miller, lacked the necessary legal standing. The National Voter Registration Act prohibits the removal of voters from rolls within 90 days of an election, which played a significant role in the judge’s decision. Furthermore, no substantial evidence of non-citizens registering or voting was presented.

“The court declines to order Arizona’s county recorders to divert resources from preparing for the general election,” the judge stated, underscoring the obstacles related to the proposed citizenship verification processes.

The lawsuit targeted noncitizen removal practices across all 15 Arizona counties. However, it failed to prove harm or clear-cut injury, which weakened its stance. Judge Krissa Lanham emphasized logistical challenges in implementing the requested changes without disrupting existing preparations for upcoming elections.

BREAKING: Nearly 100,000 Arizona voters failed to provide proof of citizenship. pic.twitter.com/d2vSjH8mjd

— DogeDesigner (@cb_doge) September 19, 2024

Ongoing Debate on Election Integrity

While the group expresses concerns over vote dilution and election integrity, federal courts have taken a stance to protect the electoral process from abrupt last-minute changes. Maricopa County Recorder Stephen Richer defended the county’s verification practices, stating adherence to all applicable laws to ensure only eligible persons can vote.

Still, the Strong Communities Foundation maintains its position, evaluating the court’s decision. The ongoing debate highlights the complexity of balancing election integrity concerns with existing federal and state legal frameworks and the strategic timing needed to effect meaningful legal changes in voter registration processes.