By Matthew Holloway |
The Arizona Supreme Court ruled on Friday that nearly 98,000 Maricopa County voters whose citizenship documents got caught up in a coding error will be allowed to vote full ballot in November. Maricopa County Recorder Stephen Richer had moved to have them relegated to voting ‘Fed Only’ in November.
The court received several amicus briefs from voters and organizations across the political spectrum arguing against the move, including the Arizona Republican Party; the League of Women Voters of Arizona; Coconino County Recorder Patty Hansen and Pima County Recorder Gabriella Cazares-Kelly; as well as the Carlos Apache Tribe, Living United for Change in Arizona, League of United Latin American Citizens of Arizona, Mi Familia Vota, and the ACLU of Arizona.
The Republican Party of Arizona (AZGOP) filed an amicus brief Thursday calling upon the court to intervene and prevent the removal of 98,000 voters from the rolls whose registrations were potentially endangered by a controversial clerical error by state officials.
On Tuesday, Arizona’s Democrat Secretary of State Adrian Fontes announced that 97,000 inividuals would be impacted by an error that could prevent them from voting in state-level elections such as state legislative races, initiatives, and referenda. The error affects voters who were issued an Arizona driver’s license prior to October 1, 1996. The figure represents over 2.5% of the state’s total registered electorate. The outlet noted that a technical issue reportedly caused the error which has been resolved, however, the status of those affected is unclear.
In a statement published Thursday the AZGOP announced:
“Today, the Republican Party of Arizona filed an amicus brief in the Arizona Supreme Court supporting the preservation of voter rights in the case involving nearly 100,000 voters whose registration statuses were jeopardized by a state government clerical error.
The AZGOP urges the court to protect voters from sudden disenfranchisement and argues that the requested relief from Petitioner Maricopa County Recorder Stephen Richer violates both state and federal law.
The AZGOP’s amicus brief notes the importance of adhering to the National Voter Registration Act (NVRA), which prohibits systematic voter removals within 90 days of a federal election, and argues that the removal of voters based on this clerical error violates due process and the U.S. Constitution. The AZGOP maintains that any action taken to correct these registration issues should not result in the disenfranchisement of voters who have long participated in Arizona’s elections without issue.”
Gina Swoboda, AZGOP Chair said in a statement:
“Regardless of any outcome on this matter, all of these voters will receive a Federal Only ballot which permits them to vote for President, U.S. Senate, and U.S. Congress. The only question before us is if these voters, who have possessed an Arizona driver’s license since before October 1996, should be denied the right to vote for their representatives in the Arizona legislature, county, school board, and ballot measure contests.
Our brief makes it clear: nearly 100,000 Arizona voters should not be penalized for a mistake made by the government. We will not stand by as voters are disenfranchised, especially so close to an election. The law requires that any changes to voter registration or eligibility must be handled carefully and in accordance with federal and state law. Rushing to disenfranchise voters now would not only be illegal but would severely undermine confidence in our elections.”
In a lengthy post to X, Richer justified his lawsuit saying:
“My office discovered this issue last week, and we have been working with the Governor’s Office, the Secretary’s Office, the MVD, and the Attorney General to fix this moving forward. The number is about 97,000 registrants across the state. All of these people have attested under penalty of law that they are U.S. citizens. And, in all likelihood, they almost all U.S. Citizens. But they have NOT provided documented proof of citizenship. Moving forward (2025 onward), everyone agrees we need DPOC for those voters for them to vote a full ballot. But the Secretary and I have different opinions on what the law requires for the November 5, 2024 General Election. It is my position that these registrants have not satisfied Arizona’s documented proof of citizenship law, and therefore can only vote a ‘FED ONLY’ ballot.”
In the text of the amicus brief, the AZGOP argues that the declaratory judgment requested by Maricopa County Recorder Stephen Richer would stand in violation of both the First and Fourteenth Amendments to the U.S. Constitution, Arizona’s Free and Equal Elections Clause, as well as the National Voter Registration Act. The party’s legal team explained, “It is difficult to imagine state action that would impose a more ‘severe’ burden on the right to vote than abruptly informing an individual who has lived and voted in Arizona for decades—and previously voted in all elections, state and federal—that they must suddenly prove that they are a U.S. citizen in the handful of days remaining before Arizona’s October 7 voter registration deadline if they want to vote in state elections this year.”
Chief Justice Ann Scott Timmer writing for the majority ruled:
“In sum, Richer has not established that the county recorders have statutory authority to remove the Affected Voters from being able to vote in the upcoming 2024 General Election for federal offices and with respect to matters on an Arizona ballot. This is particularly true under the present facts, where a state administrative failure permitted the Affected Voters to be registered without confirming that they provided DPOC when they received their driver’s licenses and where there is so little time remaining before the beginning of the 2024 General Election.”
She continued, “Arizona law provides that ‘[w]hen the county recorder obtains information pursuant to this section and confirms that the person registered is not a United States citizen,’ the county recorder is to initiate a process to cancel a registration that includes sending the person notice that the person’s registration will be canceled in thirty-five days unless the person provides satisfactory evidence of United States citizenship. A.R.S. § 16-165(A)(10). Although challenges are pending to various aspects of the statute, subsection (A)(10) recognizes the right of any voter to notice and an opportunity to contest any determination of a voter’s ineligibility. A county recorder can therefore proceed with respect to individual voters under § 16-165(A)(10) as long as the provision’s due process requirements are followed… Regardless, we are unwilling on these facts to disenfranchise voters en masse from participating in state contests. Doing so is not authorized by state law and would violate principles of due process.”
Matthew Holloway is a reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
