Two weeks ago, we outlined the history of the federal only voter list. As a summary, in 2004 Arizona voters approved Prop 200 which required county recorders to reject any application for registration that did not include Documentary Proof of Citizenship (DPOC). After passage, Arizona did reject applications without DPOC—those made on both the state voter registration form and federal voter registration form established by the National Voter Registration Act (NVRA) in 1993.
In 2014, Arizona began accepting federal voter registration forms that did not include DPOC and registering voters as “Federal Only Voters” eligible to vote for President, U.S House, and U.S. Senate following the 7-2 Supreme Court decision, Inter Tribal Council, deciding that the NVRA preempts Prop 200’s DPOC requirement.
Then, in 2019, Arizona began accepting all applications for registration that did not include DPOC after Secretary of State Michelle Reagan and Maricopa Recorder Adrian Fontes entered into a consent decree with the League of United Latin American Citizens (LULAC) agreeing that the state could accept applications for registration without DPOC and somehow stay in compliance with the Prop 200 requirement to the contrary – to reject them.
HB2492 tackles this complicated issue with five main provisions.
First, HB2492 mandates that county recorders shall reject any application for registration made on our own state voter registration form that does not include DPOC. If an election official accepts one of these applications, he or she is guilty of a class 5 felony.
Our power to do this is affirmed several times. In Inter Tribal Council Justice Scalia, for the court, writes, “States retain the flexibility to design and use their own registration forms.”
Additionally, the Elections Assistance Commission (EAC), to whom Congress delegated power to design the federal registration form, in 2006 responded to a request by Arizona to include our DPOC requirement on the federal form by affirming that “Arizona may apply Proposition 200 requirements to the use of its state registration form in Federal elections (if the form meets the minimum requirements of the National Voter Registration Act (NVRA).”
Second, HB2492 requires election officials to check a multitude of databases to determine the citizenship status of an applicant using the federal form who did not include DPOC. Again, in Inter Tribal Council, Justice Scalia writes that the NVRA “does not preclude States from ‘deny[ing] registration based on information in their possession establishing the applicant’s ineligibility’”.
Further, a 2014 response from the EAC on an additional request to include the DPOC requirement on the federal form acknowledged that the NVRA does not prevent us from rejecting applications if we ascertain information indicating the applicant is not a U.S citizen and outlines several databases states can use to check for the information. HB2492 utilizes each of these databases recommended by the EAC.
Third, depending on what is found from the database checks there are three possible outcomes. If the election official finds the applicant in a database and confirms that the applicant is a U.S. citizen, the applicant would be properly registered to vote. However, if the election official finds in a database that the applicant is not a U.S. citizen, the election official would be required to reject the application and inform the Attorney General and county attorney because the applicant lied on a voter registration form, which is a crime. Lastly, if election officials cannot find the applicant in any database, they are required to send a notice to the applicant requesting DPOC within 30 days.
Fourth, HB2492 makes DPOC a requirement to vote in Presidential elections. The power of states over the conduct of Presidential elections is plenary. Article II, Section 1, Clause 2 of the US Constitution states that “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress.”
Going back further in court precedent, Chief Justice Fuller writes,“it is seen that from the formation of the government until now the practical construction of the clause has conceded plenary power to the state legislatures in the matter of the appointment of electors.” McPherson v. Blacker, 146 U.S. 1 (1892).
Fifth, HB2492 would make DPOC a requirement to vote early by mail. There is no right to vote by mail and as recognized by Justice Alito in Brnovich v DNC, “Arizona law generally makes it easy to vote.” And when the “totality of circumstances” is considered, HB2492 would not place a significant burden on voters by requiring DPOC to vote early by mail.
Taken together, each of these five provisions will largely prevent individuals from being registered if they do not provide DPOC and, as for persons already on the Federal Only Voter list, assert our constitutional power to prevent these individuals from voting for Presidential electors and from voting by mail.
Help Stop Illegals from Voting!
U.S Citizenship is a qualification for voting in both the Arizona constitution and Arizona law. Arizona voters overwhelmingly passed Proposition 200 in 2004 to ensure only US Citizens could register to vote by requiring that “the county recorder shall reject any application for registration that is not accompanied by satisfactory evidence of United States citizenship.”
Unfortunately, through the well-funded lawfare of the left, this requirement has been whittled away and the Federal Only Voter list has exploded. HB2492 will safeguard our voter rolls by ensuring only qualified, U.S Citizens are registered to vote, are able vote in Presidential elections, and eligible to vote by mail.
Will you sign our petition to PROTECT our voter registration process and SUPPORT HB2492?