U.S. attorney accuses 3 Arizona nonprofits of ‘knowingly’ registering noncitizens to vote

As the Trump administration attempts to undermine trust in elections by claiming that rare instances of illegal voting are actually widespread, the Department of Justice (DOJ) has opened a case in Arizona investigating whether three nonprofits allegedly registered noncitizens to vote during this year’s midterms.

The organizations — Stand Indivisible Arizona, Worker Power and When We Count — may have “intentionally disregarded or were recklessly ignorant” of state laws prohibiting registering noncitizens, U.S. Attorney Timothy Courchaine wrote in letters dated Oct. 26 to Arizona Secretary of State Adrian Fontes and Maricopa County Recorder Justin Heap.

The evidence behind these claims do not appear strong. In the letters, Courchaine said his inquiry stemmed from “written and video reports” circulating on social media that accuse voter registration groups of fraudulent activities.

“Based on a cursory review, it appears these organizations and their volunteers or employees may have violated A.R.S. § 16-182 by knowingly causing or procuring another person to be registered while knowing that person is not entitled to register to vote,” Courchaine wrote, referencing an Arizona law criminalizing “false registrations.” 

“Because you serve as the responsible state official, my office is requesting a review of registrations submitted by these groups to ensure only United States Citizens were registered to vote,” he continued.

Democracy Docket reached out to the three nonprofits for comment, but has not received a response.

Courchaine’s inquiry comes at a moment when the DOJ is actively trying to force states and counties to investigate and disenfranchise voters it claims are not citizens. 

The department recently sent letters threatening local election officials in several states with criminal prosecution if they do not comply with its demands. On Friday, a federal judge barred the DOJ from threatening to prosecute election officials. 

Heap himself is an election skeptic with a track record of stoking confusion and undermining trust in election procedures in Maricopa County.

Earlier this year, the Arizona Attorney General’s office threatened legal action to compel him to hand over the names of individuals he claimed were noncitizens registered to vote. Additionally, Heap has been involved in ongoing disputes with the Maricopa County Board of Supervisors over election administration and his office’s handling of election equipment.

Arizona has long been a focal point in the Trump administration’s attack on elections, and the federal government has increasingly targeted voter registration organizations. 

Internal documents obtained by civic nonprofit Democracy Forward* through a Freedom of Information Act request indicated that U.S. Immigration and Customs Enforcement (ICE) had probed hundreds of voter registration organizations across the country, including at least one in Arizona. In June, the FBI raided the office of a nonprofit in Ohio on such suspicions.

On Friday night, an appeals court blocked the Department of Homeland Security (DHS) from carrying out its so-called “Unlawful Voter Initiative,” in which armed agents in nine states have been approaching suspected noncitizens at their homes.

Voting advocates contend that the Trump administration is carrying out these aggressive tactics to intimidate voters and organizations who work on their behalf. 

*Democracy Docket Founder Marc Elias is the chair of Democracy Forward’s board.