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Arizona GOP Sues To Block Overseas Voting For “Never Residents,” Citing Constitutional Breach

GOP Alleges Electoral Disadvantage, Cites Disproportionate Non-Republican Affiliation Among Overseas Voters

The Republican Party of Arizona (RPAZ), joined by the Republican National Committee (RNC) and Arizona Republican Party Chair Gina Swoboda, filed a lawsuit today challenging a state law that permits certain U.S. citizens who have never resided in the United States to vote in Arizona elections.

The plaintiffs contend that the law (A.R.S. § 16-103(E)), which allows individuals to register based on a parent’s Arizona voter registration, violates the Arizona Constitution’s residency requirement and unfairly skews the state’s electoral landscape.

The lawsuit, filed in Maricopa County Superior Court, names the State of Arizona and Secretary of State Adrian Fontes as defendants. At the heart of the complaint is the plaintiffs’ assertion that Article VII, Section 2(A) of the Arizona Constitution explicitly requires voters to have “resided in the state for the period of time preceding such election as prescribed by law.”

They argue that “residency is not inherited and cannot be established by proxy,” making the provision for “never resident” voters unconstitutional.

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

The challenged statute was enacted in 2005 and allows U.S. citizens who have never lived in the U.S. to register and vote in Arizona if one of their parents is a registered Arizona voter. While it originally specified the use of a Federal Write-In Absentee Ballot (FWAB), the complaint alleges that the Secretary of State has unilaterally expanded this to include Federal Post Card Applications (FPCAs).

Beyond the constitutional argument, the plaintiffs also allege competitive harm.

The lawsuit presents data claiming that voters registered through the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), which includes those registered under the state statute, are “disproportionately non-Republican in their political party affiliations relative to the Arizona electorate as a whole.”

Specifically, the complaint notes that in Maricopa County, while Republicans constitute approximately 34.4% of all registered voters, only 23.8% of UOCAVA voters are registered Republicans, compared to 45.2% who are Democrats.

The disparity is even more pronounced among overseas UOCAVA voters, where only 18.2% are Republicans and 51.3% are Democrats. The plaintiffs contend this creates an “unlawful dilution of the voting power of constitutionally eligible qualified electors.”

The lawsuit seeks a declaration that A.R.S. § 16-103(E) is unconstitutional and an injunction prohibiting its enforcement.

This would mean the Secretary of State would be barred from accepting new voter registrations from individuals who have never resided in Arizona and would be required to ensure that instructions accompanying federal voting forms reflect this ineligibility.

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