Arizona Secretary of State Adrian Fontes is facing a lawsuit from a firm with ties to a top adviser to President Donald Trump.
America First Legal Foundation is suing Fontes over the language used to describe
an elections administration ballot question that will be put to voters this fall. Trump adviser Stephen Miller co-founded the firm.
Proposition 144 would require all Arizona voters to show government-issued ID before they cast a ballot in any election, including those who vote by mail. It would enshrine in the Arizona Constitution that only citizens may register and vote in Arizona elections, which is already a state law.
The proposal to amend the constitution was sent to voters by the Republican-majority state Legislature. Fontes, a Democrat, has said the proposal is too broad and would threaten Arizona’s vote-by-mail system.
Attorney James Rogers filed a lawsuit July 31 challenging the official ballot language that will explain the question to voters. Rogers is a Republican running for the Arizona Legislature.
In addition to stricter ID standards, Proposition 144 also proposes guaranteeing all Election Day voters have the option to have their ballot tabulated at their polling location. The proposal would ban foreign spending in Arizona elections, similar to federal rules.
America First Legal claimed in a written statement that the language on the ballot “hides Proposition 144’s central citizenship protections,” “inserts misleading commentary" and “makes an unsupported legal prediction.”
The lawsuit takes issue with the descriptive title of the ballot question, saying the wording should mention citizenship. Right now, the descriptive title reads: “REQUIRES ALL VOTERS, INCLUDING VOTERS WHO VOTE BY MAIL, TO SHOW GOVERNMENT-ISSUED ID TO VOTE IN EACH ELECTION; MAKES OTHER CHANGES TO ELECTION ADMINISTRATION AND CAMPAIGN FINANCE PROHIBITIONS,” according to the Secretary of State’s website.
Rogers also criticized Fontes’ description of a provision to ban foreign money in Arizona elections because it notes that the proposal is “similar to prohibitions that already exist in federal law.”
The wording “invites voters to regard the constitutional provision as duplicative rather than stating what it would prohibit,” Rogers argued.
He also challenged a description which says a proposal would “create a new standard for judicial review of election laws under the Arizona Constitution, which may make it harder to challenge election laws.”
Rogers said the phrase is a “contested legal conclusion and litigation prediction, not a statement of the essential change in existing law.”
The lawsuit was filed on behalf of three individuals who supported Proposition 144, according to the court filing. Rogers did not respond to a request for comment.
Democratic Attorney General Kris Mayes also was named in the lawsuit. She defended the official ballot language through a spokesperson.
“The ballot language appropriately and accurately describes the initiative referred by the legislature, as required by law. It gives voters clear information needed to understand what the impact would be if it is passed,” Mayes spokesperson Richie Taylor said in an email.
Fontes did not respond to a request for comment.
A separate case about Proposition 144 has been appealed to the Arizona Supreme Court. The ballot printing deadline for the November general election is Aug. 20.
America First Legal’s lawsuit comes as Trump pushes to nationalize elections. The Republican president is urging Congress to pass the SAVE America Act, which would require photo ID at polling places and mandate that voters provide proof of citizenship to register to vote in federal elections.
“Proposition 144 is essentially the State of Arizona’s version of the SAVE America Act,” America First Legal said in a written statement. Arizona already mandates that voters provide proof of citizenship to vote in state elections.
The Trump-aligned firm has been involved in other Arizona election administration fights.
Rogers provided legal advice to GOP Maricopa County Recorder Justin Heap during his election administration feud with the Republican-majority county Board of Supervisors.
Stephanie Murray covers national politics and the Trump administration for The Arizona Republic and azcentral.com. She co-hosts “The Gaggle,” The Republic’s weekly politics podcast. Reach her at stephanie.murray@usatodayco.com, on X and TikTok @stephanie_murr and on Instagram @stephaniemurray.news.
This article originally appeared on Arizona Republic: America First Legal sues Adrian Fontes over Arizona ballot measure
