Arizona Republican Party Sues to Block Overseas Voting Law

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Courtroom representation of Arizona voting lawsuit

News Summary

The Republican National Committee and the Arizona Republican Party have filed a lawsuit against a state law allowing U.S. citizens living abroad to vote in Arizona elections. The RNC claims that this law violates residency requirements and disproportionately favors Democrats. Secretary of State Adrian Fontes condemned the lawsuit as a suppression tactic that impacts military families and eligible voters. This legal battle highlights an ongoing Republican initiative to restrict overseas voting access, raising questions about voter eligibility and election integrity.

Arizona

The Republican National Committee (RNC) and Arizona Republican Party have filed a lawsuit aimed at blocking a state law that allows certain U.S. citizens living overseas to vote in Arizona elections. The lawsuit, submitted on June 30, 2025, argues that the provisions of the law violate the residency requirements of the Arizona Constitution.

Under the challenged Arizona law, U.S. citizens living abroad are permitted to register to vote in Arizona elections if one of their parents is a registered voter in the state. The RNC and Arizona GOP claim that this practice results in a situation where the voters affected are disproportionately non-Republican, citing that only 18.2% of overseas voters in Maricopa County are registered as Republicans, while 51.3% are registered as Democrats. The plaintiffs assert that this dynamic gives an unfair advantage to the Democratic Party in elections.

RNC Chair Michael Whatley criticized the new law, alleging that it is a strategy employed by Democrats to manipulate election outcomes. The lawsuit reflects a wider Republican initiative that seeks to restrict overseas voting access and calls into question allegations of widespread participation by ineligible voters, which lack substantial evidence.

Arizona Secretary of State Adrian Fontes has condemned the lawsuit as an effort to suppress the voices of eligible voters, particularly impacting military families and diplomats who may be residing abroad. The lawsuit does not solely address the law’s implications but challenges its constitutionality and seeks an injunction that would prevent accepting voter registrations from individuals who have never lived in Arizona.

Legal Context and Background

The lawsuit was filed against Arizona Secretary of State Adrian Fontes in state court, although a hearing date has not yet been set. According to the federal Uniformed and Overseas Citizens Absentee Voting Act, Americans living overseas are allowed to vote by mail in federal elections from their state of last residence. However, the legality of Arizona’s 2005 law, which enabled overseas children of Arizona voters to register to vote, has now come under scrutiny as potential illegality by the state GOP and RNC.

Attorney Kory Langhofer, representing the plaintiffs, argues that allowing non-resident voters to register dilutes the electoral power of qualified voters in the state. The Maricopa County elections office has indicated they do not track how many overseas voters have never lived in Arizona, highlighting a gap in understanding the potential impact of the new law.

Political Implications

This legal action reflects ongoing Republican efforts to create distrust within the electoral system, a trend that has intensified following claims of voter fraud stemming from the previous presidential administration. The 2005 law enabling the overseas voting rights was initially sponsored by a Republican legislator and was unanimously supported by a Republican-controlled Legislature, complicating the party’s current position against it.

By questioning the legitimacy of the overseas voting provisions, the RNC and Arizona GOP aim to clarify voter registration forms, specifically indicating that those who have never resided in Arizona should be deemed ineligible to vote. The outcome of this lawsuit could have significant ramifications for voters with ties to Arizona who are currently residing abroad, affecting their ability to participate in state elections.

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