In 2022, the Arizona legislature passed—and then-Governor Ducey signed into law—a landmark election integrity bill: HB 2492. Authored by the Arizona Free Enterprise Club, the law bolsters safeguards to our election process by requiring proof of citizenship to register to vote, ensuring that only U.S. citizens are voting in our elections.
It’s commonsense legislation that is popular with the public and a blueprint for other states looking to adopt nearly identical bills. And why wouldn’t it be? U.S. citizens cannot go into France, Australia, or any other country throughout the world and vote in their elections, so why should citizens from other countries be allowed to vote in our elections?
Yet immediately after HB 2492 was passed, a consortium of liberal organizations and the Biden Justice department sued to stop the law from going into effect. Now, after multiple trips to the Ninth Circuit Court of Appeals, one of which included a bizarre ruling that required an emergency appeal to the U.S. Supreme Court to let Arizona enforce our proof of citizenship requirements for the 2024 election (which we won), the entire law will now be going to the nation’s highest court.
We are confident that the Supreme Court will uphold the law in its entirety, but one issue about the litigation has been simmering beneath the surface: Arizona Attorney General Kris Mayes.
After taking office in January 2023, Mayes joined the lawsuit (which includes the state legislature) to “defend” HB 2492. But throughout the process, it’s been pretty obvious that her legal team has been doing as little as possible to protect the law from the onslaught of litigation from the left. When you follow the money, that doesn’t come as much of a surprise.
Of the dozen or so liberal groups that filed suit to stop the law, several spent huge sums of money in 2022 to get Kris Mayes elected as Arizona’s Attorney General. Just look at this list of donations to Mayes’ campaign right here. It’s riddled with groups that either give money to Mi Familia Vota (the lead plaintiff in the lawsuit against HB 2492), receive money from the group, are partners with the group, or have positions that stand in opposition to any election integrity measure in general. Chief among them is Arizona Wins, a lobbying organization founded in 2011 to oppose election integrity measures and enforcement of immigration laws in our state. Mi Familia Vota has received tens of thousands of dollars from Arizona Wins. Does that sound like a conflict of interest to you?
The liberal Ninth Circuit ruled against HB 2492 earlier this year, and most recently, it rejected a request for a full review from the court (although an astounding 11 judges dissented). Now, the case should be fast-tracked to the U.S. Supreme Court once again. But surprise, surprise. Mayes’ office appears to be slow walking the appeal. And can you guess why? Mayes knows that if she can hold out long enough, it would prevent the Supreme Court from hearing the case until after the 2026 general election (when Mayes will be up for reelection).
At this point, it’s obvious that Kris Mayes is trying to play both sides. On the one hand, she wants to say that she defended a wildly popular law with citizens across our state. On the other hand, she wants to do everything she can to appease her liberal friends by sandbagging the case.
That leaves just one solution. It’s time for Arizona Attorney General Kris Mayes to recuse herself from the defense of HB 2492 and let the legislature finish the job. The legal team representing the House and Senate is more than capable at handling the appeal and defending the law at the U.S. Supreme Court. And organizations like ours are more than happy to provide outside support to their legal efforts.
If she had any integrity, Mayes would be getting out of the way so the nation’s highest court can once again overturn the Ninth Circuit, return common sense to our voter registration process, and restore confidence in Arizona’s elections. Of course, given her history of politicizing the office with ridiculous lawfare that have resulted in embarrassing legal defeats, we suspect she will do everything she can to drive this lawsuit into a ditch.
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This past November was a good time to be a Republican, especially here in Arizona. Not only did President Donald Trump win our state in a landslide victory, but Republicans expanded their majorities in both the Arizona House and Senate—despite being outspent in every single race.
While this turn of events shocked many in the corporate media who were convinced that Arizona was on its way from being a purple state to a blue state, we knew that voter registration trends told a different story.
Over the last couple of years, the gap between registered Republicans and Democrats in Arizona widened from 3.04% in 2020 to 4.03% in 2022. By April of last year, it had increased to 5.77%. And by November, it had expanded to 6.77%, a registration increase that proved decisive in President Trump’s overwhelming victory.
Now, 5 months removed from their electoral wipeout in November, there has been a lot of discussion about whether the Democrats’ political fortunes in Arizona would be reversing after their blowout loss to Trump.
Unfortunately for them, the latest voter registration numbers poured plenty of cold water on those dreams.
Maricopa County Slipping Away from the Democrats
If Democrats want any shot of controlling the legislature or winning statewide offices in Arizona, they need to flip Maricopa County blue. Yet that can’t happen when they keep losing the voter registration battle.
As you can see in the graph below, the gap between registered Republicans and Democrats in Maricopa County has increased from 85,000 in April 2020 to 191,000 in April 2025. That’s right, Republicans have more than doubled their registration advantage over Democrats!
These registration trendlines are consistent with the statewide figures that show Republicans doubling their registration advantage in that same timeframe. In fact, Arizona is more red from a voter registration advantage standpoint than at any point in the last 75 years! But that may not even be the worst news for Democrats.
If you look closely at the graph above, you’ll see something interesting. There are now fewer registered Democrats in Maricopa County than there were five years ago. And this has come during a time when the population in Maricopa County has grown by over 150,000 residents. (See here and here.)
Note to Democrats…that’s not how this is supposed to work. As the population grows, you would think your raw numbers of voter registrations would increase as well. But maybe, just maybe, it’s your woke policies that are the problem.
President Trump Brings Early Successes While Governor Hobbs Becomes a Bigger Embarrassment
In less than 100 days in office, President Trump has been hard at work executing his mandate from the American people. Along with issuing a torrent of Executive Orders that have unleashed fossil fuel production in America, he rolled back the Green New Deal climate cult fantasy, ended DEI and other race-based hiring and employment practices, and has been taking a sledgehammer to the administrative state by allowing Elon Musk and the Department of Government Efficiency (DOGE) to identify and eliminate billions in wasteful spending.
On top of this, President Trump issued an executive order announcing his intention to enforce the citizenship requirement for federal elections. His Department of Justice (DOJ) then followed that up by ceasing a legal challenge that began under the Biden administration against Arizona’s proof of citizenship laws. And his EPA recently announced that it will no longer penalize our state—as the Biden administration had been attempting—for foreign air pollution.
In the meantime, let’s check in on Arizona’s chief executive.
So far this year, Democrat Governor Katie Hobbs has vetoed a popular bill aimed to deliver same-day elections results to our state. She vetoed a bipartisan bill that looked to provide affordable and reliable utilities to Arizonans. And to prove that she’s a total embarrassment (and a fraud) to the people of Arizona, she diverted hundreds of millions of dollars for an unauthorized program that has blown a hole in our state’s budget.
With all this incompetence, it’s no wonder why Democrats continue to see a steady decline in voter registrations with no surge of support. But Republicans can’t be satisfied. As the numbers continue to show Arizona as a firmly red state once again, we must build on this momentum with unity, hard work, and good policy.
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Adrian Fontes has proven himself to be good at two things during his tenure as Arizona’s Secretary of State: losing in court and throwing tantrums. It’s really unfortunate. The state’s top election official is not supposed to be taken to court on a regular basis—especially for, you know, his repeated attempts to undermine election integrity. And of course, throwing tantrums should be more characteristic of toddlers, not a government official. But Fontes can’t help himself.
In his latest tirade, Fontes joined Hillary Clinton’s old consigliere Marc Elias on Democracy Docket to whine about President Trump’s recent executive order to preserve and protect the integrity of American elections. Toward the end of the discussion, Elias asked Fontes about the multiple lawsuits against his Elections Procedures Manual (EPM), which he lost to us and Arizona Republican lawmakers. As has become all too common with our Secretary of State, he responded how you would expect someone to respond when he knows he can’t win. He attacked our organization and degraded our 15,000 activists and donors.
Yes. That’s right. The top election official in our state, who is supposed to remain unbiased and simply do his job to protect election integrity, lashed out against us and told people not to donate to us because we won our lawsuit against him and his illegal EPM.
Ummm…news flash, Mr. Fontes. One of the reasons our donors support our cause is to stop government officials like you from circumventing the law. So, when we win, they feel good because their money was put to effective use.
But we shouldn’t expect someone with such low character as Adrian Fontes to understand that. After all, this isn’t the first time he’s tried to use the power of his office to attack and intimidate organizations like ours that participate in the election process. Back in August, the day after the court ruled in our favor, Fontes hopped on a KTAR morning show to attack us and our donors in much the same way. Then, he followed that up a few days later with more baseless attacks during an interview with MSNBC.
Of course, all these attacks ignore the bigger picture that Fontes wouldn’t have to go to court—and lose—if he would just follow the law.
The fact is that Adrian Fontes took it upon himself to produce one of the most radical EPMs in Arizona’s history. Several of the “rules” in his EPM attempted to criminalize activity that is protected under the First Amendment—creating an unconstitutional chilling effect on protected political speech. On top of that, Fontes included language in the EPM that attempts to rewrite state law or create new laws, which he does not have the authority to do.
We sued not over statutes that are already in place, but we sued over the vague and undefined language that Fontes used in his EPM that could be used against people who are simply trying to engage their First Amendment rights at poll locations. The Maricopa County Superior Court judge agreed with us, and even highlighted 13 instances of “problematic language” in her ruling.
So, Adrian Fontes can keep whining and tell the judge that she was wrong all he wants. But we will not stand for his efforts to use the power of his office to defund our organization. And most of all, we will not be deterred in our work to hold him accountable for protecting the integrity of our elections.
As Fontes and his team of leftwing ideologues get to work on the next EPM, they should focus on following the law. And they should start by reading the U.S. Constitution and the Arizona Constitution for the first time. That’s what the people of our great state expect from their elected leaders.
Help Protect Freedom in Arizona by Joining Our Grassroots Network
Arizona needs to have a unified voice promoting economic freedom and prosperity, and the Free Enterprise Club is committed to making that happen. But we can’t do it alone. We need YOU!
Join our FREE Grassroots Action List to stay up to date on the latest battles against big government and how YOU can help influence crucial bills at the Arizona State Legislature.
In 2022, the Arizona Free Enterprise Club crafted the blueprint to stop illegals from voting in our elections, authoring landmark legislation that was signed into law, becoming the first state in the nation requiring proof of citizenship to register to vote with HB2492. Now, states around the country are taking notice and adopting our model, and just last week President Trump signed an Executive Order to do it nationally. Arizona was just the tip of the spear, and the dominoes are finally beginning to fall.
As of this week, two states require proof of citizenship to register to vote. Arizona was the first with HB2492. Earlier this year, Wyoming became the second. And now, the Texas Senate is considering a bill that is nearly identical to the Arizona Model, which would make them the third.
Arizona has long been at the forefront of this issue. In 2004, Arizona voters overwhelmingly approved Prop 200 to require proof of citizenship to vote. After nearly a decade of litigation, the U.S. Supreme Court allowed us to only implement the requirement on our own voter registration form but prevented us from requiring it on the federal form. The result over the decade following the decision was the complete proliferation of the “Federal Only Voting” list, amounting to tens of thousands of potential noncitizens registering and voting in our elections.
That’s why in 2022, we authored HB2492, which was signed into law, adding the strongest protections in the nation while keeping within the confines of the U.S. Supreme Court’s decision. This bill is stopping illegals from voting here in Arizona and providing the model for other states to follow. Dozens of organizations immediately sued, and the law has been in litigation since. But it has already proven to work, and that’s why other states, and President Trump, are taking notice and action.
Last year, the Arizona Free Enterprise Club was invited to provide expert testimony to the Texas Senate Committee on State Affairs on the Arizona model to require proof of citizenship to vote. Following that hearing in October, Chairman Brian Huges introduced SB 16, which is nearly identical to HB 2492.
If passed and signed into law, Texas would be the third state in the nation, following Arizona and Wyoming, requiring proof of citizenship prior to registering to vote. Specifically, this bill would fully require proof of citizenship when registering with the state-provided voter registration form. Not only was this affirmed as constitutional by the U.S. Supreme Court in 2013, but it was also re-affirmed late last year when the high court took an emergency appeal in the litigation regarding Arizona’s HB2492, issuing a stay of a radical lower court ruling to allow us to fully implement this requirement. Arizona has been rejecting voter registration forms without proof of citizenship since then.
SB 16 would also adopt Arizona’s model by limiting those who are registered to vote without proof of citizenship from voting by mail or for any state, local, or Presidential election. In other words, as required by the Inter-Tribal Council Decision, those who register with the federal form would still be registered to vote, but they could only vote in person, and they could only vote in elections for the U.S. House and Senate.
Finally, SB 16, just like HB 2492, would require officials in Texas to regularly consult resources and databases at their disposal to investigate the citizenship status of those registered without proof. If evidence is found proving an individual is not a U.S. citizen, they would be removed from the rolls, and the matter would be referred to law enforcement.
Most people know that you have to be a citizen to vote. But many do not know that, right now, in 48 states, you do not have to prove it. In Arizona, we know the impact this has. In 2020, we had 11,600 voters who had never provided proof of citizenship to vote in an election where the difference between President Trump and Biden was just 10,457 votes.
Arizona has done all that it can to enforce our proof of citizenship requirements, and it is working. Wyoming became the second state. Texas is on track to be the third. It’s time for every other state to follow suit.
Help Protect Freedom in Arizona by Joining Our Grassroots Network
Arizona needs to have a unified voice promoting economic freedom and prosperity, and the Free Enterprise Club is committed to making that happen. But we can’t do it alone. We need YOU!
Join our FREE Grassroots Action List to stay up to date on the latest battles against big government and how YOU can help influence crucial bills at the Arizona State Legislature.
PHOENIX, ARIZONA – Yesterday, President Donald J. Trump issued an executive order to preserve and protect the integrity of American elections. In the order, the president announced his intention to enforce the citizenship requirement for federal elections, which follows our state’s model championed by the Arizona Free Enterprise Club.
“President Trump campaigned on a promise to improve the integrity of American elections, and he has followed through on that commitment,” said Scot Mussi, President of the Arizona Free Enterprise Club. “This order from the president is a tremendous start to enforcing our nation’s laws and fostering more confidence in our elections from people on all sides of the political aisle. We look forward to working with the White House and other states to help implement the Arizona proof-of-citizenship model across the country.”
In addition to the proof of citizenship component, the order also sets in motion certain actions to provide other assistance to states verifying eligibility, improve the Election Assistance Commission, prosecute election crimes, improve security of voting systems, comply with federal law setting the national election day, and prevent foreign interference and unlawful use of federal funds.
President Trump’s order states, “Despite pioneering self-government, the United States now fails to enforce basic and necessary election protections employed by modern, developed nations, as well as those still developing… Free, fair, and honest elections unmarred by fraud, errors, or suspicion are fundamental to maintaining our constitutional Republic. The right of American citizens to have their votes properly counted and tabulated, without illegal dilution, is vital to determining the rightful winner of an election.”
Help Protect Freedom in Arizona by Joining Our Grassroots Network
Arizona needs to have a unified voice promoting economic freedom and prosperity, and the Free Enterprise Club is committed to making that happen. But we can’t do it alone. We need YOU!
Join our FREE Grassroots Action List to stay up to date on the latest battles against big government and how YOU can help influence crucial bills at the Arizona State Legislature.
PHOENIX, ARIZONA – Today, in another outrageous and unprecedented ruling, a panel for the United States Court of Appeals for the Ninth Circuit enjoined enforcement of commonsense legislation spearheaded by the Arizona Free Enterprise Club that required proof of citizenship to vote in state elections. The action by the appeals court comes after the Supreme Court of the United States ordered immediate provision of this Arizona law, stopping those trying to register to vote from using the state form if they did not give proof of citizenship.
“It’s clear this circuit court panel is motivated by radical ideology, and not the impartial judgment of the law,” said Scot Mussi, President of the Arizona Free Enterprise Club. “After months of legal wrangling over this law, and clear guidance from the nation’s high court, the Ninth Circuit still wrongly believes that it is the final arbiter of the U.S. Constitution and our laws. This ruling will continue to sow doubt into our system of government and will cost much more in taxpayer dollars thanks to the emergency appeal that will be again filed at the U.S. Supreme Court.”
Mussi added, “The Arizona Free Enterprise Club will do whatever it takes to stand in defense of this law. We are hopeful that the U.S. Supreme Court will deliver a swift and final rebuke of the Ninth Circuit in this matter once an emergency appeal is docketed.”
The case at hand involves a challenge to HB 2492, which was authored by the Arizona Free Enterprise Club (AZFEC) and passed by the Arizona Legislature in 2022 to stop non-U.S. citizens from registering to vote and casting ballots in our state. Previously, a panel on the U.S. Court of Appeals for the Ninth Circuit allowed Arizona officials to reject state voter registration forms without proof of citizenship, which was part of the intent and purpose of the law in question. Yet, another panel on the same appeals court inexplicably overturned this order, vacating enforcement of the law concerning state voter registration forms, leading to an emergency appeal to the U.S. Supreme Court. The U.S. Supreme Court quickly overruled the Ninth Circuit’s order, allowing the provision on proof of citizenship for state voters to go into effect. This was the last court action in this case until today’s surprising decision by the Ninth Circuit.
Help Protect Freedom in Arizona by Joining Our Grassroots Network
Arizona needs to have a unified voice promoting economic freedom and prosperity, and the Free Enterprise Club is committed to making that happen. But we can’t do it alone. We need YOU!
Join our FREE Grassroots Action List to stay up to date on the latest battles against big government and how YOU can help influence crucial bills at the Arizona State Legislature.
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