No, Arizona is not refusing to remove noncitizens from voter rolls like viral posts claim

In September, America First Legal, a conservative public interest group founded by former President Donald Trump advisor Stephen Miller, announced on X that it filed a lawsuit against all 15 counties in Arizona for allegedly refusing to remove noncitizens from the state’s voter rolls.

“Every county in AZ is flagrantly defying its duty under state law to expunge illegal voters,” America First Legal claimed.

In response to the announcement, tech billionaire Elon Musk asked in a viral follow-post if “Arizona is refusing to remove illegals from voter rolls?”

THE QUESTION

Are Arizona election officials refusing to remove noncitizens from voter rolls?

THE SOURCES

• America First Legal
• Maricopa County Elections Department
• Arizona Secretary of State
• Court records filed with the Arizona Superior Court
• Brennan Center for Justice

THE ANSWER

No, Arizona election officials are not refusing to remove noncitizens from voter rolls.

WHAT WE FOUND

Arizona election officials are not refusing to remove noncitizens from voter rolls and there is no evidence to suggest that noncitizens remain on voter rolls in the state.

A 1996 U.S. law bans noncitizens from voting in federal elections, including races for president, vice president and Congress. The National Voter Registration Act requires voters to sign a sworn statement that they’re a U.S. citizen and states have ways to confirm a person’s eligibility.

Arizona is unique among states in that it requires voters to provide documented proof of citizenship to participate in local and state races specifically. But this doesn’t apply to federal races.

Those who haven’t provided proof of citizenship but have sworn to it under the penalty of law are allowed to participate only in federal elections. There are more than 41,000 “federal-only” voters in the state. Most are Native Americans, students or seniors.

Arizonans who provide proof of citizenship are required to be registered as “full-ballot” voters. “Full-ballot” voters are entitled to vote in all federal, state, county, and local elections, as well as for state and local ballot measures.

On July 16, America First Legal sent letters to all 15 counties in Arizona demanding the county recorders take action to verify the citizenship status of all of the state’s “federal-only” voters, warning a lawsuit would be filed if they failed to do so.

Less than a month later, on Aug. 5, America First Legal sued Maricopa County for allegedly refusing to comply with their request.

In response to the lawsuit, Maricopa County said it is already required to “remove ineligible voters from their voter registration rolls” under Arizona law. The county also filed a notice of removal, arguing that the case involved federal laws that should be interpreted in federal court.

America Legal First then added the other 14 counties in Arizona to the lawsuit on Sept. 4 “to ensure that every county in the state is compelled to fulfill its statutory duties.”

Arizona’s voter roll maintenance procedures, which county recorders and the Secretary of State are responsible for implementing, include many processes for verifying citizenship.

Election officials in Maricopa County, for example, use information from several reporting systems to verify a person’s citizenship status in order to maintain its voter rolls. These reporting systems include the Secretary of State’s Office, the Arizona Department of Health Service’s Bureau of Vital Records, the Arizona Department of Transportation, and the state and federal court system.

Data show noncitizen voting is extremely rare in the United States, according to the Brennan Center for Justice. In 2016, for example, state election officials reported an estimated 30 instances of noncitizen voting out of more than 23 million ballots cast.

This story was reported in collaboration with the Arizona Center for Investigative Reporting, a member of the Gigafact network, and was originally reported by Carmela Guaglianone. The Associated Press contributed to this report.