22OCT

Stephen Richer briefs the citizenship-proof issue

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20:36UTC

Stephen Richer, the Republican former Maricopa County recorder, submitted a Supreme Court brief on 20 October supporting the voting groups on documentary proof of citizenship at registration. He takes no position on the separate 90-day voter-removal question.

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PoliticsAssessed

Key takeaway

Richer supports the voting groups on registration proof but takes no position on the separate voter-removal question.

Stephen Richer, the Republican former recorder of Maricopa County, Arizona, submitted a brief on 20 October supporting the voting groups on documentary proof of citizenship at registration in RNC v. Mi Familia Vota⁠¹⁠². His brief takes no position on the separate 90-day voter-removal question. The US government backed the Republican National Committee (RNC) in the same case earlier this month. Richer asks the Court to leave the registration-proof issue for further consideration in the lower courts.

The Democratic National Committee (DNC), a respondent, also asked the Court on 20 October for a share of argument time, matching the government's request on the other side⁠³. The docket shows no ruling on argument time yet.

Deep Analysis

In plain English

the Supreme Court case asks two separate questions. One concerns documentary proof of citizenship at registration. The other concerns removing voters within 90 days of a federal election. Stephen Richer supports the voting groups on the registration-proof question. He takes no position on the 90-day voter-removal question. The Democratic Party wants to argue in court too.

Deep Analysis

Root Causes

Richer lost the Republican primary for Maricopa County recorder in July 2024 to Justin Heap, after defending the county's 2020 and 2022 counts against claims of fraud. He now writes from outside office and supports the voting groups on the registration-proof issue.

The case matters this autumn because the quiet period is the main legal bar on last-minute removals, and DOJ's other route, demanding removals through SAVE checks, was ruled unlawful on 9 October.

What could happen next?

Consequence
The court's decision on argument time will show whether the DNC joins the hearing alongside the voting groups.
Precedent
A ruling that the quiet period excludes non-citizen removals would let states act on federal lists right up to future elections.

Source Landscape

This story draws on neutral-leaning sources

Primary parallel: In 2014, in Arcia v. Florida Secretary of State, the 11th Circuit held that Florida's 2012 programme to remove suspected non-citizens inside the 90-day window breached the Act. That ruling treated non-citizen removals as covered by the quiet period.

Counter-parallel: On 30 October 2024, the Supreme Court let Virginia keep removing suspected non-citizens inside the quiet period, in Beals v. Virginia Coalition for Immigrant Rights. It gave no reasons, so the question reached the Court again in this case.

Consensus view: The National Voter Registration Act bars any 'systematic' programme to remove voters in the 90 days before a federal election.

The question the Supreme Court left open in footnote 2 of its 25 September SAVE order is whether removing suspected non-citizens counts, since they were never eligible. The United States now argues for the Republicans.

Counter-view: Richer supports the voting groups on documentary proof of citizenship at registration but takes no position on the separate 90-day voter-removal question. He asks the Court to leave the registration-proof issue for further consideration in the lower courts.

Key tension: Whether the Court treats the quiet period as a guard against error, which bites hardest on lists like the DHS ones that have shrunk under checking, or as a rule about eligible voters that never protected non-citizens.

Sources:Supreme Court of the United States·Supreme Court of the United States

Mentions:Republican National Committee v. Mi Familia Vota →Democratic National Committee →Supreme Court of the United States →Maricopa County →Republican National Committee →Mi Familia Vota →Beals v. Virginia Coalition for Immigrant Rights →Arcia v. Florida Secretary of State →Democratic Party →Virginia →United States →Florida →Arizona →National Voter Registration Act →Stephen Richer →SAVE System →Eleventh Circuit →

First Reported In

Update #21 · Senate GOP's cash lead trails its $20m loan

Supreme Court of the United States· 22 Oct 2026

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Causes and effects

Caused by

US backs RNC in Mi Familia Vota case

The DNC's argument-time request matches the government's 16 October motion on the other side.

Occurred 16 Oct 2026

Read story →

This Event

Stephen Richer briefs the citizenship-proof issue

Richer asks the court to leave the registration-proof issue for further consideration in the lower courts.

Different Perspectives

Judge Adolf Zeman, Alaska Superior Court

Zeman refused to dismiss the League of Women Voters, Alaska Black Caucus and ACLU of Alaska suit over the state giving DOJ its unredacted voter list. The privacy claims now go to evidence-gathering under the Alaska Constitution.

Judge Thomas Schroeder, US District Court for the Middle District of North Carolina

Schroeder refused on 19 October to block the State Board of Elections rule that rejects mail ballots with an unsealed or missing inner envelope. He found the challengers had delayed and that relief was infeasible with voting under way, and pointed to notice-and-cure provisions as a safeguard.

Stephen Richer, Republican former Maricopa County recorder

Richer submitted a brief on 20 October supporting the voting groups on documentary proof of citizenship at registration. He takes no position on the separate 90-day voter-removal question.

Senate Leadership Fund

The Senate Leadership Fund began spending for interim Senator Darline Graham Nordone on 19 October, taking its South Carolina total to $4.06m, including $2.25m against Democrat Annie Andrews. Republicans are now paying to defend a seat in a state Donald Trump carried in 2024.

WinSenate, the ad-buying affiliate of Senate Majority PAC

WinSenate began buying Kansas airtime against Roger Marshall on 10 October and had reported $8.14m there by 20 October. Marshall held $922,088 in cash on 30 September and the NRSC gave him no party money in September, so the Democratic side is spending where the Republican committee has not.

County Board of Arlington County

Arlington says federal Polling Place Policies allowing armed agents at polling sites breach 18 USC 592, the 1865 ban on troops or armed men at an election. It reads Markwayne Mullin's 1 September remarks as confirming such a policy, and asks Judge Brinkema to keep armed federal staff from its polls and drop boxes.

Written with AI from Lowdown's published reporting. Not individually reviewed by an editor. Editorial standards.