AZ Supreme Court Deals Blow To Fontes, Orders Release Of 218K Names Of Illegally Registered Voters

AZ Supreme Court Deals Blow To Fontes, Orders Release Of 218K Names Of Illegally Registered Voters

By Matthew Holloway |

The Arizona Supreme Court handed a sound defeat to Arizona Secretary of State Adrian Fontes and a victory to the America First Legal Foundation and Strong Communities Foundation of Arizona, known as “EZAZ.org.” The court ruled on Thursday that Fontes’ office is ordered to immediately provide a full list of all individuals who registered to vote in the state of Arizona without providing the proof of citizenship required under the law, a total of approximately 218,000 people as previously reported by AZ Free News.

The ruling obliterated Fontes’ response to EZAZ.org’s demand for transparency, which claimed, “We fear, especially based on SCF’s filings, that its true desire here is not to keep watch on government actions — which our public records laws are designed to facilitate — but instead harass and intimidate voters in the midst of an election and whose rights Secretary Fontes has already vindicated before Arizona’s highest court.”

The court found that the testimony of Professor Robert Pape, a Professor of Political Science at the University of Chicago who suggested with Fontes that “producing the list of 218,000 voters to EZAZ.org would expose those individuals to the risk of harassment and violence,” was “focused on political violence trends nationally and contained no analysis of such trends in Arizona.” They found further that, “Pape admitted on cross-examination that he conducted no research specific to Arizona. Professor Pape offered little more than speculation that a release of the requested information would lead to violence or harassment and, again, only based this opinion on national statistics.”

Finally, the court laid the claims about potential political violence to rest writing:

“The credibility of Professor Pape’s testimony and report was further diminished by what appeared to be gratuitous political bias in his report and in his testimony. The Professor’s opinions regarding general political violence focused almost entirely on allegations of past and anticipated prospective violence from only one side of the political spectrum, and only related to former president Donald Trump.”

The ruling concludes, “They failed to identify any specific threats of violence or harassment from EZAZ.org, and Ms. Hamilton’s unrebutted testimony established that EZAZ.org does not condone violent or harassing behavior and carefully screens its members and volunteers to ensure that persons who do condone or participate in such behavior do not participate in the organization.”

In a statement, America First Legal described the ruling saying, “The court found that Secretary Fontes ‘provided inconsistent testimony on this point’ and that ‘[h]is testimony suggested that he lacked detailed familiarity with the AZSOS’s efforts with regard to the issue and with regard to the records in the possession of the AZSOS related to the 218,000 individuals.’ The court’s order requires Secretary Fontes to produce the list of 98,000 individuals that he has along with any other personally identifying information that he has about the 218,000 individuals.”

James Rogers, America First Legal Senior Counsel, celebrated the ruling saying, “A majority of Arizonans no longer trust the election system of our state. One of the reasons is the lack of transparency from our state’s elected officials. When Secretary Fontes discovered the glitch that allowed 218,000 individuals to register without providing proof of citizenship, he should have immediately shared the list of affected individuals with Arizona’s county recorders, who are in charge of verifying the citizenship of voters. Instead, he has jealously guarded the list, refusing to share it with anyone. This suit was about restoring transparency and ensuring that county recorders can do their jobs by verifying the citizenship of voters. It is unfortunate that Secretary Fontes so aggressively opposed our common-sense efforts to help restore trust in our state’s election system.”

“This was a case we never should have needed to file,” said Rogers.

EZAZ.org’s Merrissa Hamilton wrote in a post to X, “FONTES = 0; TRANSPARENCY = WINNING! Despite AZ Secretary Adrian Fontes’ best efforts to falsely paint @AZHouseGOP @AZSenateGOP as homicidal maniacs (totally unhinged argument not remotely grounded in reality), while he’s also actively preventing Recorders from having access to do their jobs …

The Honorable Judge Blaney ruled in our favor in requiring Fontes to release to EZAZ.org the 98k voters impacted by the MVD ‘glitch’ causing voters to not have proof of citizenship on record.

Our only intent has always been to ensure the Recorders and Legislative leadership can do their jobs! And legal voters are enfranchised with confidence that their government is following the law in the operation of the elections!

Now that will happen! And the reputation of our happy, hardworking volunteers at EZAZ.org is restored!”

Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.

AZ Supreme Court Deals Blow To Fontes, Orders Release Of 218K Names Of Illegally Registered Voters

Fontes Hit With Lawsuit For Refusing To Release Registered Voter List

By Matthew Holloway |

On Thursday, America First Legal announced that the organization has launched a lawsuit against Arizona Secretary of State Adrian Fontes and the Secretary of State’s Office on behalf of Strong Communities Foundation of Arizona, also known as EZAZ.org. The foundation and America First Legal contend that by refusing to release a list of more than 218,000 individuals who illegally registered to vote without providing proof of citizenship, Fontes is violating the law.

The flaw at the center of both cases was revealed to the Arizona voters when Maricopa County Recorder Stephen Richer realized the flaw’s implication, that tens of thousands of people were on the voter list without proof of citizenship, and brought an Emergency Petition to the Arizona Supreme Court.

As previously reported by AZ Free News, the Arizona Supreme Court ruled on Sep. 20th that almost 98,000 Maricopa County voters whose citizenship documents got caught up in a coding error will be allowed to vote the full ballot.

According to America First Legal, in a matter of hours, AFL filed a public records request on behalf of EZAZ.org calling on Fontes to produce the list of voters he had identified as being unlawfully registered. Fontes denied the request and unleashed a bizarre accusatory response through his attorney.

AFL wrote, “Rather than treating constituents with respect and decorum, their response was a bombastic tirade that invoked a bizarre conspiracy theory accusing EZAZ.org of secretly planning to harass the voters on the list. There is, of course, no evidence to support Secretary Fontes’s conspiracy theory, and EZAZ.org has no intention of harassing anyone. Secretary Fontes also feebly claimed that compiling the list would be too hard for his staff. None of these excuses hold water. Fontes’s staff has already compiled the list–that’s how they know the number of affected voters. And there is no risk that these voters will be harassed–EZAZ.org’s mission is all about protecting voters.” 

James Rogers, America First Legal Senior Counsel, explained in a statement, “There have been major failures in the administration of just about every general election in Arizona from 2016 until now. It’s no wonder that Arizonans’ trust in their electoral system is at an all-time low. And every time anyone expresses concern, how does Secretary Fontes react? Victim blaming.”

“His patronizing response is always to attack voters for caring about the integrity of their system and expecting that public officials follow the law. But how can Arizonans trust their elections when the person in charge of administering them is so fervently opposed to basic transparency? That is not what Arizonans expect from their elected leaders. The law requires Secretary Fontes to produce these records, and AFL will work to hold him accountable until he does,” said James Rogers.

In the text of the lawsuit, AFL argues, “By refusing public access to these records, the Defendants frustrate the core purpose of the Public Records Law, to ‘monitor the performance of the government officials.’” The suit continues, “And because these records deal with a pressing issue of immediate public concern, time is of the essence. The Defendants should be ordered to immediately fulfill Plaintiff’s public records request.”

In a letter responding to the request, cited by the New York Post, the Secretary of State’s Office said, “We fear, especially based on SCF’s filings, that its true desire here is not to keep watch on government actions — which our public records laws are designed to facilitate — but instead harass and intimidate voters in the midst of an election and whose rights Secretary Fontes has already vindicated before Arizona’s highest court.”

Stephen Miller, former Senior Advisor to President Donald Trump and America First Legal President said in a statement, “America First Legal continues to lead the fight for election integrity. We are suing the state of Arizona for refusing to provide the list of 218,000 voters who failed or refused to establish citizenship. It is absolutely imperative that we stop the dire threat of illegal alien voting, which is the gravest form of foreign election interference.”

Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.

Scottsdale Parents Petition To Remove Sexually Explicit Books From School Libraries

Scottsdale Parents Petition To Remove Sexually Explicit Books From School Libraries

By Staff Reporter |

Parents and community members within the Scottsdale Unified School District (SUSD) are petitioning for the removal of sexually explicit books from school libraries. 

Last week, a coalition of parents’ rights and educational organizations submitted a letter to the SUSD governing board requesting the book removals. Nearly all of the books on their list were only offered at high school libraries, with the exception of one offered at a K-8 school library. 

Parents and community members involved with Scottsdale Unites for Educational Integrity, Arizona Women of Action, Restore Parental Rights in Education, Protect Arizona Children Coalition, A Legal Process, Not In Our Schools, EZAZ, SaveCFSD.org, KIDS FIRST, Mom Army, and Moms for Liberty submitted the request. Two individuals also joined the request, Shiry Shapir and Dan Kleinman.

The parents submitted their request to remove all “pervasively vulgar” or “educationally unsuitable” content from SUSD libraries to the Scottsdale Unified Governing Board, citing Arizona laws on furnishing harmful items to minors and the 1982 Supreme Court ruling recognizing that school boards maintain the authority to remove books determined to be vulgar or unsuitable for education. 

The groups argued that the books don’t offer “serious educational value,” or any “serious artistic, literary, political, or scientific value.” 

The parents and community members also requested that the district employ a book maturity rating system, and to prohibit future purchases of books rated not for minors or aberrant.

“This request is not to ban books,” said the parents. “All of the books mentioned in this letter are widely available in bookstores and other online and brick-and-mortar retail outlets. Schools have a limited amount of library budget and shelf space, thus the question we must answer is which books should be offered to minors and which should not.”

Per the groups, SUSD hasn’t responded to their request. 

The sexually explicit books that parents would like to see removed were “A Stolen Life” by Jaycee Dugard, “Doomed” by Chuck Palahniuk, “Haunted” by Chuck Palahniuk, “Lucky” by Alice Sebold, “PUSH” by Sapphire, “Sold” by Patrick McCormick, “Tricks” by Ellen Hopkins, “Perfect” by Ellen Hopkins, “People Kill People” by Ellen Hopkins, “Identical” by Ellen Hopkins, “Icebreaker” by Hannah Grace, “A Court of Frost and Starlight” by Sara J. Maas, “Anatomy of a Boyfriend” by Daria Snadowsky, “Anatomy of a Single Girl” by Daria Snadowsky, “Breathless” by Jennifer Niven, “Me and Earl and the Dying Girl” by Jesse Andrews, “Lawn Boy” by Jonathan Evison, and “Smoke” by Ellen Hopkins.

One or more of the books were located at all five high schools: Arcadia, Chaparral, Coronado, Desert Mountain, and Saguaro.

Desert Canyon K-8 school was also on the list for one book included: “Sold” by Patrick McCormick. 

These books not only contain sexually explicit material, they contain aberrant depictions of sexual activities such as child molestation, rape, bestiality, sexual assault or battery, incest, adult and child prostitution, and sodomy. The books also contain descriptions of the usage of drugs and alcohol by both adults and minors, as well as suicide and self harm. 

Arizona law prohibits the distribution of harmful items to minors, which includes that which contains descriptions or representations of nudity, sexual activity, sexual excitement, or sadomasochistic abuse. 

Parents cited the Supreme Court case Board of Education, Island Trees Union Free School No. 26 v. Pico to make their case that SUSD had full authority to remove the contested books immediately without review.

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