Today, the Republican National Committee (RNC) and the Republican Party of Arizona (AZGOP) announced that they filed a joint lawsuit challenging an Arizona law that allows individuals who have never resided in the state to vote.
The case was filed in Maricopa County Superior Court against AZ & the Secretary of State Adrian Fontes, challenging state law, A.R.S. § 16-103, that allows U.S. citizens living overseas to register to vote in AZ elections, even if they have never resided in the state (if one of their parents is a registered AZ voter).
“Arizona’s elections should be decided by Arizonans, not by individuals who have never lived a single day in this country,” said Chairman Whatley in the RNC Press Release. “Democrats want to cheat in our elections by allowing votes from people who have never established legal residency. The RNC is defending the rights of Arizona voters to stop this unconstitutional law in its tracks.”
The lawsuit argues that this law violates the AZ Constitution, specifically Article VII, Section 2, which requires voters to be residents of AZ for at least 30 days prior to an election. The RNC contends that the law improperly permits non-residents to participate in state and local elections, undermining the state’s constitutional residency requirement.
The lawsuit seeks a court order declaring A.R.S. § 16-103 unconstitutional and unenforceable, along with an injunction to prevent Fontes from accepting voter registrations or mail ballot requests from individuals who have never lived in AZ.
This challenge is part of broader Republican efforts to protect election integrity, asserting that only AZ residents should be allowed to vote in its elections and enforce stricter voter eligibility requirements, as seen in prior litigation over Arizona’s proof-of-citizenship laws.
For instance, a 2024 U.S. Supreme Court ruling partially upheld Arizona’s requirement for documentary proof of citizenship on state voter registration forms, while preserving the ability of voters using federal forms to participate in federal elections without such proof.
As a reminder, in the 2025 WA State legislative session, State Democrats (aka “The Anyone From Anywhere Can Vote Party”) sponsored a bill that thankfully died, SSB 5017: AN ACT Relating to adopting national standards for uniformed and overseas civilian voting, including conforming amendments to existing statute.
However, we expect the Dems to try to pass this (or a similar law) in 2026, which would create troubling rules about the Uniform Military and Overseas Voter Act (UMOVA) and the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA).
As written, the bill would allow people born outside the U.S. who have NEVER EVEN SET FOOT OR LIVED in WA State (aka “Permanent Overseas Voters”) to VOTE in local elections - e.g., County Council, Commissioners, City Council, Mayors, School Boards, levies, being able to raise taxes on the locals, etc.
This is a ridiculous and terrible policy, as a new possible class of “voters” could have no vested interest in the state or community they could be allowed to vote in.
Additionally, with no real, valid way to prove the actual I.D. of the voter, another easy avenue for voter fraud is opened up with this possible new law!
As a possible remedy, WAGOP Chairman and State Representative Jim Walsh recently filed a Proposed Initiative to the 2026 Legislature: AN ACT Relating to requiring verification of citizenship for voter registration.
OF NOTE: The State AG writes all initiative ballot titles, and the ballot title came back to read: CONCERNS VOTER REGISTRATION REQUIREMENTS. This measure would require voters to have an enhanced driver’s license or enhanced identicard, or provide documentary proof of U.S. citizenship in person, and would cancel registrations for voters not meeting those requirements.
Not surprisingly, IL26-126 has a ballot title challenge (to be heard in Thurston County Superior Court on July 10) from the leftist group One America, which is suing the AG, implying the title is too friendly & favorable; the WAGOP is agreeing with the AG and is an intervenor in the lawsuit.
This tactic is a known Democrat strategy to delay the petition signature-gathering process. If IL26-126 survives the ballot title challenge, it should be out for signatures later in July. It could potentially become law next year for the 2026 Midterm elections, or it could end up on the November 2026 election ballot.
Related Article: Trump Administration Rolls Out Program to Help Verify that ONLY U.S. CITIZENS can cast ballots
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