GOP challenges law that lets some U.S. citizens who have never lived in Arizona vote in the state

The Arizona Republican Party is trying to overturn a state law that allows U.S. citizens who have never actually lived in Arizona to vote in the state.

In 2005, lawmakers passed several changes to the state laws governing how overseas military members can vote in Arizona elections. That included allowing “a U.S. citizen who has never resided in the U.S. and whose parent or legal guardian is a United States citizen who is registered to vote in Arizona is eligible to register to vote in Arizona.”

According to legislative records, the law appears designed to help the adult children of overseas military members register to vote.

“Ms. Brewer said children born on an overseas military base are still United States citizens. Any 18 year old United States citizen living overseas that wants to vote in an election would still need to register to vote,” according to a minute entry referencing testimony by then-Secretary of State Jan Brewer before an Arizona House of Representatives committee on Feb. 1, 2005.

The Republican Party of Arizona and the Republican National Committee filed a lawsuit in Maricopa County Superior Court against Secretary of State Adrian Fontes, who is responsible for administering election laws, arguing the 2005 law violates the state Constitution.

The suit cites an Arizona Constitutional requirement that voters in the state “be a citizen of the United States of the age of 18 years or over, and shall have resided in the state for the period of time preceding such election as prescribed by law.”

Because the 2005 law allows a person who has never lived in Arizona to vote in the state’s elections, it violates that residency requirement, the suit alleges.

“Residency is not inherited and cannot be established by proxy. An individual who has never personally made Arizona his home necessarily has not ‘resided in this state’ for any period of time, within the meaning of [the Arizona Constitution],” according to the lawsuit.

Fontes, the secretary of state, is not commenting on the pending litigation, spokesman Aaron Thacker said.

The parties challenging the law claim it could disadvantage Republicans in future elections. They claim the Arizona voters who have registered using the Uniformed and Overseas Citizens Absentee Voting Act — the federal law that allows military members and others living overseas to vote using absentee ballots — are less Republican than the Arizona electorate at large.

For instance, the lawsuit claims 18.2% of UOCAVA voters in Maricopa County are Republican, well below the GOP’s 34.4% share of overall voters in Maricopa County.

The suit argues the law “inflicts a competitive injury on the RPAZ and RNC because it is adding to the voter rolls — and thereby permitting to vote in Arizona elections — a population of constitutionally ineligible individuals who are disproportionately non-Republican in their partisan affiliations.”

“Arizona’s elections must be decided by the people who call this state home, not non-residents,” said Gina Swoboda, chairwoman of the state Republican party. “This lawsuit defends the integrity of our elections and the constitutional rights of every lawful voter.”

Records show the law passed with overwhelming bipartisan support in 2005.

It passed unanimously through both chambers at the Republican-controlled Arizona Legislature and was signed into law by Democratic Gov. Janet Napolitano. Republican Congressman Andy Biggs, who is now running for Arizona governor, was among the GOP lawmakers who voted in favor of the law.

Fontes issued a statement on the lawsuit:

“Today’s lawsuit by the Republican Party of Arizona and the Republican National Committee is nothing more than a deliberate attempt to suppress the voices of eligible voters — many of whom are the adult children of our military service members and American diplomats. That so-called ‘legal action’ would strip away the basic right to participate in democracy is shameful, especially when it targets families who have served this nation with honor.

I want to assure every Arizonan that my office stands firmly with voters, not political operatives. We will vigorously defend the rights of those who call Arizona home and uphold the integrity of our electoral system against these brazen attempts at disenfranchisement.”