Secretary of State Adrian Fontes appears to be in a tug-of-war with Governor Katie Hobbs to determine who is worse at their job. It’s been well-documented that since she took office, Hobbs has been off to a rough start with high-profile staff exits, breaking the veto record after killing the bipartisan “Tamale Bill,” and alienating many Democrats by signing the Republican budget. But over the past eight months, Fontes has been working just as hard in the battle to see who’s more incompetent. Not only has he failed to perform the necessary voter list maintenance—leaving 14 Arizona counties in violation of Section 8 of the National Voter Registration Act—but he rushed through a version of the Elections Procedures Manual (EPM) that is filled with unlawful provisions.
Now, Secretary of State Fontes has been dealt another major blow after a superior court judge ruled against him…
The federal government and state governments across the country should be doing everything they can to ensure election integrity going forward. Over the past few years, the Arizona legislature has taken this to heart. But the Left has been fighting against every legitimate election reform that comes from conservatives. Not only are they filing lawsuits in court, but they’ve been deploying a new tactic that threatens the First Amendment.
Lawsuits Against Election Integrity Bills
In 2021, the Arizona legislature passed, and then-Governor Ducey signed into law SB 1485—a law designed to clean up Arizona’s early voter list. Then in 2022, state lawmakers followed that up with HB 2243 (to ensure regular voter list maintenance) and HB 2492 (to ensure that only U.S. citizens are voting in our elections).
These are commonsense laws that everyone should be able to get behind, but the Left gave up commonsense years ago…
Clean and accurate voter rolls are a cornerstone to safe and secure elections. And they are required by both state and federal law. Section 8 of the National Voter Registration Act (NVRA) specifically obligates states to conduct a general program that makes a reasonable effort to remove the names of ineligible voters from the official lists of eligible voters due to death or change of residence. The U.S. Supreme Court even backed this up in its 2018 decision in the case Husted v. A. Philip Randolph Institute.
But Arizona’s current Secretary of State Adrian Fontes and its former Secretary of State (now Governor) Katie Hobbs have failed to perform the necessary voter list maintenance. And right now, 14 Arizona counties are in violation of Section 8 of the NVRA…
The secretary of state may face a lawsuit come November if he fails to clean up alleged dirty voter rolls in 14 counties.
In a letter submitted Tuesday, Arizona Free Enterprise Club President and Executive Director Scott Mussi — in his capacity as a voter — accused Secretary of State Adrian Fontes of not following Section 8 of the National Voter Registration Act (NVRA).
The pre-litigation letter alleged that four Arizona counties reported having more voters than voting-age adult citizens, per public voter registration records compared with Census Bureau data. These were identified as Apache County with 117.4 percent voter registration rate, La Paz County with 100.5 percent voter registration rate, Navajo County with 100.1 percent voter registration rate, and Santa Cruz County with 112.6 percent voter registration rate.
The letter also alleged that nine counties have voter registration rates exceeding 90 percent of adult citizens over 18 years old, and one county with its voter registration rate exceeding 80 percent, which outpace national voter registration rates in recent years. These counties were identified as Cochise (93.4 percent), Coconino (93.6 percent), Gila (90.6 percent), Maricopa (97.8 percent), Mohave (95.2 percent), Pima (92 percent), Pinal (91.8 percent), Yavapai (99 percent), Yuma (94.3 percent), and Graham Counties (81.1 percent).
The national voter registration rate sits at around 69.1 percent, per the Census Bureau. In Arizona, those rates were 76.4 percent in 2020 and 68.6 percent in 2018.
As of last month, there were nearly 4.2 million registered voters. Independent voters lead with 1.45 million registrants (34.5 percent), followed by Republicans with 1.44 million (34.4 percent), Democrats with 1.26 million (30 percent), Libertarians with 33,700 (0.8 percent), and No Labels members with 8,500 (0.2 percent).
“Discrepancies on this scale almost certainly cannot be attributed to above-average voter participation, but instead point to deficient list maintenance,” stated the letter.
Attention AZ Voters! August marks ONE YEAR until the 2024 primary elections. Practicing your civic duty and responsibility to vote starts with making a plan! Mark your calendars for August 6, 2024. pic.twitter.com/NxgBxsMOAu
— Arizona Secretary of State (@AZSecretary) August 6, 2023
The letter requested that Fontes modify the current list maintenance procedures to identify and remove individuals who are ineligible to vote due to a change in residence, incarceration, death, or those ineligible for other reasons.
Arizona voters weren’t alone in this endeavor. Also on Tuesday, Virginia voters filed a similar pre-litigation letter accusing the Virginia Commissioner of Elections Susan Beals of similar NVRA negligence across 101 counties. The Honest Elections Project (HEP) assisted both Arizona and Virginia voters in their pre-litigation notices. The voters gave their respective election leaders 90 days to comply with the NVRA, and 45 days to respond to the letter.
The requested response would include details of the NVRA compliance efforts, policies, and programs Fontes has taken or plans to take prior to the 2024 general election, along with complete timelines and results for any ongoing plans.
In a press release, Mussi said that it wasn’t only Fontes but the former secretary of state Katie Hobbs, now governor, which were to blame for the dirty voter rolls.
“It is apparent that Secretary of State Adrian Fontes and his predecessor have failed to perform the necessary voter list maintenance required by state and federal law,” said Mussi. “Clean and accurate voter rolls are a cornerstone to safe and secure elections, and we expect that our election officials will address these issues as quickly as possible.”
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
It looks like we struck a nerve at one of the largest universities in the United States. Last week, the Free Enterprise Club published an article on Arizona State University’s (ASU) failure to uphold free speech. The article came in the aftermath of an event held by the T.W. Lewis Center for personal development—a center of the Barrett Honors College—that featured prominent conservative speakers like Robert Kiyosaki, Dennis Prager, and Charlie Kirk.
While the event was allowed to proceed, it faced a campaign from 39 of the 47 faculty from the honors college who tried to shut it down. Then, in the months following the event, the center was not only dissolved, but two staff members lost their jobs. Now, ASU has offered a “fact check” of our article in a desperate attempt to save face. And as you might expect, it’s another swing and miss…
