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Ballots Cast Without Proof Of Citizenship ‘Exploded’ After Lawfare Crippled Arizona Election Laws

By John Acord, Editor

Unverified citizenship ballots ‘Exploded’ After Lawfare Crippled Arizona Election Laws

There are 50 Million Illegals and their Children in the USA Today. 12 Million Arrived in the Last Three Years and Millions More Are Flooding the Country the Organized Crime family masquerading as the Democratic Party Is Going To Enable All of them to Vote. About 1,700 individuals in Arizona enacted 2018 with a federal-only tally. 2 years later, the number grew to 11,600 people.

Arizona experienced a significant increase in the number of voters casting federal-only ballots after officials in the state agreed to a consent decree allowing individuals who did not provide proof of U.S. citizenship on their voter application forms to participate in federal elections. This surge in voting activity aligns with the influx of millions of unauthorized immigrants entering the United States.

Lawsuit, Consent Decree Cripple Arizona Election Integrity Laws
Twenty years ago, Arizona voters approved Proposition 200, also known as the “Arizona Taxpayer and Citizen Protection Act.” At its core, the election integrity initiative required proof of U.S. citizenship to vote and photo identification at polling places. Prop 200 has come under constant assault from leftists fighting against the Arizona Constitution’s key qualification to vote in elections: U.S. citizenship.

In 2013, the Supreme Court made a landmark decision regarding voter registration requirements. In a 7-2 ruling, the justices determined that states can not mandate proof of citizenship for voters registering for federal elections. Under the 1993 National Voter Registration Act (NVRA), states must accept and utilize the federal voter registration form, which does not include a proof of citizenship requirement. Developed by the Election Assistance Commission, the form simply requires applicants to attest, under penalty of perjury, that they are citizens.

But the opinion opened the door for states to vet voters. Scalia wrote that states “retain the flexibility to design and use their own registration forms.”

Arizona took a different approach by accepting federal voter registration applications without requiring citizenship documentation. However, the state still required proof of citizenship for voters registering through state forms. As a result, some voters were classified as “Federal Only Voters,” which meant they could only vote for president and congressional candidates, but not for state and local offices.

However, in 2018, Arizona faced a challenge to the desires of the majority of its were compelled to allow applications without proof of citizenship and grant federal-only registration to those who used a state form but couldn’t provide proof of citizenship. This was due to a consent decree signed by Arizona’s then-Secretary of State Michele Reagan, a Republican, and Democrat Maricopa County Recorder Adrian Fontes, who later became Arizona’s secretary of state. The consent decree was a result of legal action taken by the leftist League of United Latin American Citizens (LULAC).

“That lawsuit was filed in 2017 challenging our ability to verify proof of citizenship even though we had a bifurcated (voter registration) system,” said Scot Mussi, president of the Arizona Free Enterprise Club, a nonprofit committed to advancing a pro-growth, limited government agenda in the Grand Canyon State. Mussi and his organization have been at the forefront of several election integrity battles.

Mussi noted that during the halt in the verification of citizenship requirement, there was a significant increase in the number of voters who relied on the federal honor system instead of presenting physical evidence of their citizenship.

The office of the secretary of state reported that approximately 1,700 individuals in Arizona used a federal-only ballot to vote in the 2018 midterm elections. However, two years later, without the requirement for documentation, the number of people who did so increased to 11,600, as stated by AZ Free News. President Joe Biden won in Arizona by a narrow margin of 10,457 votes, which is roughly 0.3 percent.

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Lawmakers Fight Back
In 2022, the Republican-led legislature passed two election integrity bills aimed at ensuring citizenship at the polls. As the Arizona Free Enterprise Club summarized, House Bill 2492 requires county recorders to reject any application for state voter registration that does not include documentary proof of citizenship. The bill also requires proof of citizenship to vote in presidential elections.

Election officials who receive forms lacking documentation may face prosecution for a class 5 felony, potentially leading to a maximum imprisonment of two and a half years.

The legislation mandates that election officials perform comprehensive checks on various databases to verify the citizenship status of applicants who fail to provide supporting documents with their federal form. If the search yields evidence of citizenship, no further action is necessary. However, if the official can not confirm citizenship, they must notify the Arizona attorney general and the county prosecutor of the potential violation. If the applicant’s status can not be confirmed through any of the databases, the election office must contact the individual, requesting they provide proof of citizenship within 30 days.

House Bill 2243 demands tighter maintenance of Arizona’s voter rolls and gives county recorders authority to cancel voter registrations when applicants fail to provide satisfactory evidence of U.S. citizenship within the specified time.

As I reported last week, Fontes and his leftist predecessor, now-Gov. Katie Hobbs, have failed to do critical voter list maintenance. More than a dozen Arizona counties appear to be in violation of Section 8 of the (NVRA), which mandates states keep accurate and current voter rolls for elections for federal office.

AZ Free News reported last year that in two quarterly reports issued to the state legislature, the secretary of state’s office noted that it had received reports of more than 78,200 potentially invalid voters. The numbers included more than 1,300 individuals “who admitted to not being a citizen on a jury questionnaire”; and north of 23,600 people “who admitted to not being a resident of a county on a jury questionnaire.”

In 2022, Governor Doug Ducey, a Republican, signed a set of bills into law that aimed to strike a balance between ensuring accessibility in voting and maintaining the security of elections. During the signing ceremony, he addressed then-Secretary of State Katie Hobbs, a Democrat, emphasizing that the new laws respect Arizona’s tradition of facilitating voter participation while upholding the integrity of the electoral process.

Election integrity means counting every lawful vote and prohibiting any attempt to illegally cast a vote,” Ducey wrote in a letter to Hobbs.

The left attacked, almost immediately.

Several lawsuits have been filed by a group of plaintiffs, including student organizations, civil rights groups, and the Democratic National Committee, alleging that certain laws are potentially suppressing voter turnout. These claims have been met with skepticism and criticism by some parties.

In September, Judge Susan Bolton, who was nominated by President Clinton, ruled against certain parts of the laws in a case that Mussi found peculiar.

“Right now, they’re in limbo,” said the Arizona Free Enterprise Club president. “Judge Bolton, who is overseeing the case, issued a partial ruling, a very poorly written ruling, that deemed elements of the law are unlawful.”

Part of the judge’s decision asserts the consent decree of a few years ago can not be undone by lawmakers. Only the judge who presided over the agreement can change its terms.

“The order is valid indefinitely, unless revoked by the presiding judge or upon their demise, as stated by Judge Bolton,” Mussi explained.

Legal observers say the case, which has already involved the U.S. Court of Appeals for the 9th Circuit and the U.S. Supreme Court on ancillary matters, is destined for appeal.

A further hearing in Bolton’s court is slated for later this month.

Mussi sounds confident that the consolidated case will eventually be decided by the U.S. Supreme Court and that the election integrity laws will stand.

He stated that they have confidence in the legality of the laws, asserting that they not only adhere to the National Voter Registration Act, but also represent the state’s legitimate authority to establish measures that prevent noncitizens from participating in our electoral process.

In late December, Fontes, the secretary of state in Arizona, published a revised election guide. This guide, made by Democrats specifically for Democrats, disregards the laws regarding election integrity. It permits, among various other things, individuals who fail to provide evidence of their U.S. citizenship to vote in federal races.

The Arizona GOP called it a “power grab” and a “breathtaking overstep” that is “trying to take powers from the state legislature that are not his to take.” Litigation is expected.

“We warned the SOS early on that we would sue if the Elections Procedure Manual was not corrected to reflect the laws passed by the legislature. Unfortunately that did not happen. I imagine there will be many plaintiffs joining the Senate in protecting our elections,” Arizona Senate President Warren Petersen wrote on his X account on New Year’s Eve.

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