The surge of border crossings continues. There is an election in just over 3 months. Many voters want to know—can illegals vote?

Obviously, it’s illegal for non-citizens to vote. The real question is whether voters must prove their citizenship prior to voting. This discussion has culminated in the U.S. House passing the SAVE Act earlier this month. But with near unanimous Democrat opposition, a federal proof of citizenship requirement has stalled in Congress.

As both a border and swing state, Arizona is center stage in this national discussion. Even Elon Musk chimed in by sharing an image of our voter registration form that clearly states “proof of citizenship” is not required to vote.

However, Arizona has done far more than any other state to tackle the issue of illegals voting.

In Arizona, if someone registers without proof of citizenship, they are registered as a “Federal Only Voter” and they receive a different ballot with only federal races. This means that: 1) we know exactly who and how many have registered without proof; and 2) they don’t get to influence any of our state or local elections.

In all 49 other states, proof of citizenship is not only not required, but they are all blended onto one list, and they get to vote in every election. So those states have no idea who or how many there even are! Their problem could be far bigger, and they would never know it.

Now with the decision from the U.S. 9th Circuit last week, Arizona will stop even more illegals from voting, thanks to a bill the Arizona Free Enterprise Club authored in 2022.

The truth is, Arizona has worked hard for two decades to stop illegals from voting and until the SAVE Act can be passed, every other state should follow our blueprint to protect their voter rolls and elections from non-citizens voting.

Arizona’s History of Requiring Proof of Citizenship to Vote

The foundation for allowing people to register without proof of citizenship was laid when Congress, in 1993, passed the National Voter Registration Act (NVRA), creating a voter registration form (Federal Form) that must be used by every state. This form does not (and has never) required proof, only a checkmark affirming citizenship. In response to this gaping loophole, Arizona voters, in 2004, approved Proposition 200, becoming the first state in the nation to require proof of citizenship to register to vote.  

Immediately after Prop 200 went into effect, a coordinated lawfare campaign was launched to undo Arizona’s proof of citizenship requirement. Following a 2013 U.S. Supreme Court decision determining that the NVRA does require that states “accept and use” the Federal Form for federal races, Arizona created a bifurcated voter registration system. Those who register with the Federal Form without proof of citizenship are registered as ‘Federal Only Voters’ and can only vote in federal elections. Those who use the State Form without proof of citizenship have their applications rejected.

But the assault against Arizona’s proof of citizenship requirement continued, with another lawsuit filed in 2017 challenging the state registration form. This time, the Arizona Secretary of State, rather than going to court to defend the proof of citizenship requirement, quietly entered into a consent decree that bound Arizona to treat the State Form the same as the Federal Form—meaning, register them as ‘Federal Only Voters’ instead of rejecting the form.

The consent decree was a reckless and unnecessary capitulation to the lawfare left, and the result was an explosion of people registering without proof of citizenship. In the 2020 Presidential election, 11,600 Federal Only Voters voted in Arizona, a 582% increase in just two short years. For perspective, Joe Biden won Arizona by 10,457 votes.

A Proof of Citizenship Model for All States

That’s why, in 2022, the Arizona Free Enterprise Club authored and passed HB 2492, comprehensive proof of citizenship legislation that, among other things, nullifies the consent decree and reverts Arizona back to the practice of rejecting all state forms without proof of citizenship.

And that’s where this momentous 9th Circuit decision comes in, being celebrated on social media and by President Trump. Last week, a three-judge panel agreed in Mi Familia Vota v. Fontes that the proof of citizenship requirement in HB 2492 shall be allowed to go into effect, meaning every Arizona county must reject State Forms that do not include proof of citizenship. Failure to do so is a class 6 felony.

This decision will significantly improve the integrity of Arizona’s voter rolls as we head into the 2024 Presidential election. And we are still awaiting a ruling on the remaining provisions of HB 2492, key reforms designed to slam shut the ‘Federal Only’ loophole by stipulating  that anyone that signs up as a ‘Federal Only’ voter is prohibited from voting by mail and is ineligible to vote for the President of the United States.

Arizona’s proof of citizenship legislation is the roadmap for stopping non-U.S. citizens from registering and voting in our elections. States don’t have to wait around to see if Washington will ever be able to solve this problem. Our passage of HB 2492 and this new ruling prove that every state has the power to act now. And they must.

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