by Daniel Stefanski | Oct 14, 2024 | News
By Daniel Stefanski |
Arizona lawmakers are holding the state’s top election official accountable for his failure to be transparent with the public over a growing database error.
Earlier this month, a coalition of Republican legislators issued a statement “on Secretary [Adrian] Fontes’ failure to accurately report MVD database errors impacting thousands of Arizona voters.”
The statement followed an additional revelation from Fontes that there were 120,000 more Arizona voters who were in the database error universe, increasing the total count to approximately 218,000 of these individuals.
According to the Arizona Secretary of State’s Office, “The recent addition of approximately 118,000 people to the list of impacted registrants (originally thought to be approximately 98,000) was a result of including renewed and reinstated licenses in the MVD data pull of registrants that state officials now know may not have shown documentation sufficient to meet voter registration requirements.” Fontes said, “All of the Arizonans affected by this issue remain eligible voters and are long-time Arizona residents. All have attested under penalty of perjury – the same standard the rest of the country uses – that they are U.S. citizens.”
The Arizona Secretary of State’s Office asserted that it would “soon be able to accurately communicate with affected voters and provide clear next steps to resolve any issues pertaining to DPOC (documented proof of citizenship) needs, but this will not happen prior to the 2024 election.”
However, the coalition of Republican legislators were not satisfied with Fontes’ assurances. They wrote, “We will continue to monitor Secretary Fontes’ administration of this election and all litigation surrounding the MVD database / citizenship issues. As Republican members of the Arizona House of Representatives, we remain committed to exercising appropriate oversight during and after the election to ensure that elected officials in our Executive Branch are complying with Arizona’s proof-of-citizenship laws.”
They added, “It goes without saying that requiring proof of citizenship to vote is of paramount importance. Earlier this year, House Speaker Ben Toma and Arizona Senate President Warren Petersen – without support from Attorney General Mayes – fought in the Mi Familia case all the way to the United States Supreme Court to vindicate A.R.S. 16-121.01(C), which requires proof of citizenship for individuals to receive and vote a full ballot. Nonetheless, it is just as important that our election officials implement Arizona’s election laws in a manner that does not violate Arizonans’ rights to notice and due process.”
Signing the statement were Arizona State Representatives Ben Toma, David Marshall Sr, Leo Biasiucci, Travis Grantham, Michael Carbone, Joseph Chaplik, Lupe Diaz, Tim Dunn, John Gillette, Gail Griffin, Justin Heap, Alexander Kolodin, Quang Nguyen, Barbara Parker, Jacqueline Parker, Kevin Payne, Selina Bliss, and Michele Peña.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Staff Reporter | Oct 2, 2024 | News
By Staff Reporter |
Reports have emerged that voters may have had their registration addresses moved by Arizona’s Motor Vehicles Division (MVD) without their consent, potentially jeopardizing their ability to vote.
Such unintended disenfranchisement occurred for thousands of voters in the 2022 midterm election.
The renewed concern for the eligibility of an untold number of legal voters emerged after GOP congressional candidate Abraham Hamadeh’s counsel, Jen Wright, brought up their discovery from earlier this year that the MVD moved the voter registration address for thousands of voters without their consent.
State Senator Wendy Rogers, a Republican, attested that MVD had moved the registration address for one of her family members.
Wright was referencing the Hamadeh v. Mayes case, which the Arizona Court of Appeals decided in April.
In that case, Hamadeh’s counsel explained that they discovered voters who owned other properties in addition to their primary residence and found themselves disenfranchised.
“[A]fter interviewing hundreds of those voters, we found that many are voters who have connections to properties outside of their home county; and due to no fault of their own, but instead changes to the statewide computer system, their registration was moved from their county of residence to the county where they had some connection without the voter’s express knowledge, consent or intent in a way that lacks a requisite procedural due process requirement necessitated before depriving someone of their sacred right to vote,” stated counsel. “[I]t appears that more than 1,100 election day provisional voters were, we believe, wrongly disenfranchised. Turns out, with many of these declarations we have their voting record and history, and we can see when and how it was changed, and it was not by their own intent; and we know their intent because they did not show up to vote in the secondary county that was assigned to them.”
The MVD process that impacted those 1,100 voters went into place in April 2020. The court of appeals said that those Arizonans’ votes still couldn’t count since their registrations reflected an address outside the precinct they attempted to vote in, regardless of the change being made by MVD without the knowledge or consent of the voters.
“[E]ven if voters cast provisional ballots in the wrong precinct because of the alleged faulty but unchallenged election procedure, the voters still were not registered to vote in the precincts where they cast those provisional ballots,” stated the court. “Arizona law simply does not authorize opening the envelopes and counting those ballots.”
This hasn’t been the only case recently in which MVD interactions jeopardized Arizonans’ right to vote.
Last month, the Arizona Supreme Court ruled that nearly 100,000 longtime Arizona voters caught up in an MVD coding error were allowed to vote, despite a challenge from Maricopa County Recorder Stephen Richer, who put the blame on voters and asked that they be limited to voting a federal ballot only.
The Arizona Supreme Court ruled that those voters were eligible to vote. Chief Justice Ann Scott Timmer ruled that the fault was with the state, not the voters, for their registration changing.
“[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,” said Timmer.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
by Jeff Caldwell | Oct 4, 2023 | Opinion
By Jeff Caldwell |
Have you ever shown up to vote and were told at the voting location that your voting information does not match the information on your driver’s license? If this has happened to you, have you wondered if your vote was counted?
We finally know why this happens! And there’s someone fighting for you!
EZAZ.org put out a Call to Action for its Grassroots to speak at the Maricopa County Board of Supervisors Meeting on September 27. One of the talking points included that voters are unknowingly being re-registered as a different political party or even in a different county than the county they live in. One of the commenters utilized this talking point.
Maricopa County’s legal team followed up by stating that during the MVD and Service Arizona process, when someone re-registers their vehicle in another county, sometimes the opt-out box is mischecked and changes voter registration without the voter knowing. Maricopa County Elections Director, Scott Jarrett, agreed.
Yes, this is the same elections department run by Maricopa County Recorder Stephen Richer. Both offices stated that the MVD and Service Arizona process is allowed under state statute. They are saying their hands are tied, and they can’t do anything about it.
This means that a voter could get mismatched information or be registered under the wrong party affiliation for something like re-registering a vehicle, registering a new vehicle, or getting a new license… And the voter wouldn’t even know until it’s too late!
So, then what would happen? If someone shows up to vote and their voting registration information is different from the information on their driver’s license, the voting location provides what is called a provisional ballot.
The Arizona Secretary of State’s Office says, “Provisional ballots are a fail-safe measure designed to ensure that all eligible voters have their ballots counted.” The county is supposed to go back and determine if voters who cast provisional ballots were legal and then count the ballots of those who are legal. But if provisional ballots are such a fail-safe measure, then consider this.
There are currently over 9,000 provisional ballots not counted in the Arizona Attorney General race. Abe Hamadeh is still fighting in the courts because his team has discovered many of these voters tend to vote in every election and some were mysteriously re-registered in another county. There are only 280 votes separating Mayes from Hamadeh.
Abe’s team has been trying for months to get access to the envelopes of provisional ballots to verify information of those who did cast a vote in such a way, but the counties have not allowed this to happen. This is ridiculous!
It’s time for the MVD and Service Arizona to change its misguided process. And it’s time for the courts to force the counties to allow Abe’s team to inspect the provisional ballot envelopes. After all, real election integrity ensures that every legal vote is counted.
Jeff Caldwell currently helps with operations at EZAZ.org. He is also a Precinct Captain, State Committeeman, and Precinct Committeeman in Legislative District 2. Jeff is a huge baseball fan who enjoys camping and exploring new, tasty restaurants! You can follow him on X here.
by Daniel Stefanski | Aug 31, 2023 | News
By Daniel Stefanski |
A legislator is speaking out and demanding action just days after the release of a concerning report from Arizona’s Auditor General about the Arizona Department of Transportation’s oversight of Motor Vehicle Division’s third-party service providers.
On Monday, Republican Representative David Cook, who is the Chairman of the House Transportation & Infrastructure Committee, transmitted a letter to Arizona Department of Transportation (ADOT) Director Jennifer Toth, outlining his fears over the issues raised by the Auditor General’s report and demanding action to address the matters.
In a statement that accompanied the release of his letter, Cook said, “When state agencies outsource their important government functions to third parties, and those third parties fail to meet their legal obligations and are not properly supervised as required by law, Arizonans suffer the consequences. In this instance, those consequences are particularly severe and threaten the public safety.”
Chairman Cook, in his letter to Director Toth, expressed alarm over the report that was published last week by the state’s Auditor General, who found that the “Motor Vehicle Division (MVD) failed to ensure authorized third party companies consistently issued vehicle title, driver licenses, and identification cards only to qualified or authorized individuals and entitles, increasing public safety risks such as unsafe drivers, vehicle and identity theft, fraud, and terrorism.”
The lawmaker noted his appreciation that the Department “agrees with the Auditor General’s findings and plans to implement all the recommendations.” Yet Cook was unwilling to allow ADOT to fall back into its shortcomings over a lack of oversight, stating his belief that “it is imperative that you exercise your statutory authority to take immediate remedial action to prevent an increase in the public safety risks that the Auditor General has already identified.”
Cook highlighted that ADOT’s proposed changes to the Auditor General’s findings were “drafted and are in the pilot phase,” pointing out that “it does not appear that MVD made any significant process during the six months following the Auditor General’s audit.” He asked Director Toth why MVD “hasn’t simply adopted its previous oversight procedures that were consistent with the Auditor General’s 2015 recommendations.”
The Chairman of the House Transportation & Infrastructure Committee didn’t hold back his feelings, writing that “these astonishing results are unacceptable and require an immediate response.” He requested that ADOT “(1) suspend or cancel the authorization of the three third-parties deemed ‘high-risk’ in the Auditor General’s report; (2) direct your Office of Inspector General and/or another appropriate division in your office to investigate all third party companies for compliance with A.R.S. Title 28, Chapter 13, article 1; (3) rescind the defective quality assurance process adopted by MVD in February 2022; and (4) immediately implement a revised oversight process per the Auditor General’s recommendations.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Aug 28, 2023 | News
By Daniel Stefanski |
A recent audit from the Arizona Auditor General has bad news for a division within the Arizona Department of Transportation.
On Thursday, the Arizona Auditor General released a report on the Arizona Department of Transportation – Motor Vehicle Division’s (MVD) Oversight of Third Parties. The overview of the report summarized that “MVD failed to ensure authorized third-party companies consistently issued vehicle titles, driver licenses, and identification cards only to qualified and/or authorized individuals/entities, increasing public safety risks such as unsafe drivers, vehicle and identity theft, fraud, and terrorism.” The report was delivered by the Auditor General, Lindsey Perry, who transmitted the findings to Members of the Arizona Legislature, Governor Katie Hobbs, and the Director of the Arizona Department of Transportation.
The purpose of this audit was to “determine whether MVD effectively oversaw third parties to ensure they issued vehicle titles, driver licenses, and identification cards only to qualified and authorized individuals/entities.”
Out of more than 17 million documents (vehicle titles, registrations, driver licenses, and identification cards) issued in Arizona, 36% have been disseminated by third parties. The Arizona Department of Transportation has 96 third parties across 175 locations.
Through a review of a 130-transaction sample from third parties between March and October 2022, the Auditor General discovered that 25 of these records “lacked documentation that confirmed that the individuals/entities who received vehicle titles, driver licenses, and identification cards were qualified and/or authorized to receive them.” Twenty-two of those results were exposed as having “high-risk errors according to MVD guidance.”
The report warned that “fraudulently obtained identification documents may facilitate criminal activity, including fraud, identity theft, and terrorism,” noting that “individuals who fraudulently obtain identification documents may do so to commit other crimes, such as fraud of acts of terrorism.”
The Auditor General made six recommendations to MVD, which Perry told state officials that “the Arizona Department of Transportation agrees with all the findings and plans to implement all the recommendations.” The recommendations for MVD were as follows:
- Ensure its third-party contract performance measurement attachment includes clearly defined performance requirements;
- Ensure third parties issue vehicle titles, driver licenses, and identification cards only to qualified and/or authorized individuals/entities by developing and implementing written policies, procedures, and guidance for its third-party quality assurance process;
- Develop and implement training on its quality assurance policies and procedures for all applicable MVD staff who support the third-party quality assurance process to ensure adherence to established oversight policies, procedures, and guidance;
- Develop and implement training for all third parties or their authorized representatives, and verify their completion of the training;
- Conduct an initial analysis of transactions the third parties were provided for self-review dating back to February 2022 to assess third-party compliance with statutory minimum quality standards and MVD’s quality assurance process, and continue to complete a monthly analysis thereafter up until MVD implements a revised third-party quality assurance process as described in Recommendation 2;
- Identify and implement changes to align its third-party quality assurance process more closely with its quality assurance process for MVD field offices, including conducting a staffing and workload analysis, and taking action as needed to ensure sufficient staffing resources are allocated to third-party oversight.
The State’s Department of Transportation was called out for its inconsistency in upholding the recommendations made by the Auditor General in 2015. The Auditor General highlighted that its office had “recommended MVD ensure any changes to its processes did not weaken its oversight of third parties, with specific recommendations to improve its oversight of third-party transaction accuracy and to take corrective actions against third parties with serious errors or patterns of problems.” The Auditor General followed up with the Department two years after the audit, finding that MVD had successfully implemented the recommendations. However, that adherence apparently came to an end a handful of years later when “MVD established a new quality assurance process in February 2022 that is inconsistent with recommended practices for monitoring and overseeing third parties’ performance.”
According to the Arizona Auditor General, its mission is to “provide independent and impartial information and specific recommendations to improve the operations of State and local government entities.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Page 1 of 11
