The Arizona Republican Party, along with national Republicans and GOP lawmakers, is urgently seeking an emergency order to prevent certain voters registered with a federal voter registration form from participating in this year’s presidential election. They argue that U.S. District Judge Susan Bolton's ruling, which allows individuals without proof of citizenship to vote in the presidential race, was incorrect. Judge Bolton ruled that federal-only voters could vote by mail and cast early ballots.
The Republicans claim this emergency motion is essential to uphold state sovereignty over election laws. They also aim to address what they see as a “competitive injury” to the Republican Party, noting that a lower percentage of federal ballot users are registered Republicans compared to the overall state voter registration.
In Arizona, while 34.5% of all active registered voters are Republicans, only 14.3% of those using the federal form are registered with the GOP. “The judicially mandated inclusion of these individuals in the presidential electorate necessarily impairs the relative competitive position of the Republican presidential nominee,” stated attorney Thomas Basile, representing the GOP.
The Arizona Secretary of State’s Office reports that 35,340 voters are registered only for federal elections, with about 12,000 classified as inactive due to non-participation in recent elections. The GOP is seeking three key provisions: requiring proof of citizenship for those registering to vote only in federal elections, banning federal-only voters from voting by mail, and removing a safeguard for voters registering in state elections without proof of citizenship.
Basile argued that Judge Bolton’s injunction distorts the competitive landscape of the 2024 election in a way that disadvantages the Republican Party. Arizona State House Speaker Ben Toma and Senate President Warren Petersen, both Republicans, have joined the motion filed by the Republican National Committee.
Craig Morgan, an attorney for Arizona Secretary of State Adrian Fontes, stated that Fontes is not taking a formal position on the legal matter. However, Morgan urged appellate judges not to grant the emergency stay, citing the proximity to the upcoming election. He expressed concern that last-minute policy changes could cause significant confusion and doubt among voters regarding election procedures and the integrity of election officials.
