Arizona GOP, RNC Files Lawsuit Challenging State Law Allowing Non-Residents Voting Rights

The Republican Party of Arizona (AZGOP), in partnership with the Republican National Committee (RNC), has filed a lawsuit (below) challenging an Arizona law that allows individuals who have never lived in the United States to register to vote.

The named defendants include the State of Arizona and Secretary of State Adrian Fontes. 

The complaint contends: 

1. The Arizona Constitution provides that only bona fide residents of this State are eligible to register to vote in its elections

2. In direct contravention of this categorical constitutional command, A.R.S. § 16-103(E) allows individuals who have “never resided in the United States,” let alone in the State of Arizona, to register to vote here if one of their parents is a registered Arizona voter.

3. Residency is not inherited and cannot be established by proxy. 

 A.R.S. § 16-103(E) provides, “Any United States citizen who has never resided in the United States and whose parent is a United States citizen who is registered to vote in this state is eligible to register to vote and may vote in this state using a federal write-in early ballot as prescribed by section 16-543.02.

In a press release, Gina Swoboda, Chairwoman of the AZGOP, said,  “Arizona’s elections must be decided by the people who call this state home, not non-residents. This lawsuit defends the integrity of our elections and the constitutional rights of every lawful voter.”

This legal challenge follows America First Legal Foundation’s successful settlement against Arizona that requires all 15 counties to remove non-citizens from the states voter rolls. Arizona County Recorders are now seeking assistance from the U.S. Department of Homeland Security to verify the citizenship of registered voters. 

According to reports, nearly 50,000 individuals have registered to vote in federal elections in Arizona without providing proof of citizenship.

Arizona GOP