Group headed by ex-Trump advisor threatens to sue Arizona's recorders

A group headed by an advisor to former President Donald Trump is threatening to sue the state’s 15 counties if they don’t try to check whether there are non-citizens on their voter registration rolls.

James Rogers is senior council for America First Legal Foundation, an organization founded and run by Trump advisor Stephen Miller.

In a letter to Arizona’s 15 county recorders, Rogers demands they each ask the U.S. Department of Homeland Security to verify the legal status of those on what is known as the “federal-only’’ voter registration list. These are people who have not submitted proof of citizenship but are allowed by federal law to cast ballots in presidential and congressional races because they have sworn, under penalty of perjury, that they are U.S. citizens.

Rogers, also representing the Arizona Free Enterprise Club and Strong Communities Foundation of Arizona, does not challenge the legality of the federal law. He acknowledged that the National Voter Registration Act forbids county officials from demanding proof of citizenship of those who use that federal form to register.

He said that, as of April, there are 35,273 registered voters throughout the state that are on that list.

But he tells the recorders that nothing in that federal law allows those who are not citizens to vote. Rogers contends the recorders have an affirmative obligation to use tools available to them to determine who is and who is not a citizen.

He cited a state law that requires county recorders, to the extent practicable, to “review relevant city, town, county, state and federal databases to which the county recorder has access to confirm information obtained that requires cancellation of registration.’’

And while Rogers acknowledged that some databases are not available — something he blames on “negligence’’ of Arizona Secretary of State Adrian Fontes — he said they still have the right under federal law to directly seek information from Homeland Security.

Rogers is demanding that each recorder respond to him, in writing, by the end of the day Tuesday confirming they have submitted such a request. He also wants each to submit a list of federal-only voters to the Arizona Attorney General’s Office.

“If you fail to confirm the above information in writing, then our clients may take legal action against you to compel you to fulfill your mandatory duties under Arizona law,’’ he wrote.

“We have received it and are reviewing it with our attorney,’’ said Michael Truelsen, spokesman for the Pima County Recorder’s Office.

David Stevens, the Cochise County recorder, said he is “waiting to discuss this with the county attorney’s office.’’

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Fontes spokesman Aaron Thacker said his agency doesn’t comment on pending litigation. But he questioned whether there really is a problem to be solved.

“It is illegal for non-citizens to vote in our elections,’’ Thacker said. “State agencies adhere to the state and federal laws that govern voter registration.’’

He also suggested there is no basis for any implication that those on the federal-only registration list are not citizens.

“The federal only ballots are made up of groups like Native Americans, college students and the elderly,’’ those who may not have easy access to the documents to prove citizenship, Thacker said.

He pointed out that federal form requires those signing up to swear they are U.S. citizens and meet the eligibility requirements of the state.

This isn’t the first bid by interests aligned with Republicans to curtail voting in Arizona by those using the form in the upcoming presidential race.

The Arizona and national Republican parties are pursuing a separate legal effort, asking the 9th Circuit Court of Appeals to block those who register with the federal form from casting a ballot in this year’s presidential election.

They along with GOP legislative leaders contend U.S. District Court Judge Susan Bolton got it wrong when she ruled last year that federal law allows those without proof of citizenship to cast a ballot in the presidential race. The judge said as long as voters use that federal form, they can vote in federal elections.

Now the challengers want the appellate court to issue an emergency order to keep those who registered using the federal form from voting this year. They acknowledged there’s a political basis, saying those using that federal form are less likely to be Republicans than the GOP margin among all registered voters.

Al that comes against the backdrop of Trump losing Arizona and its 11 electoral votes in 2020 by 10,457 votes.