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!”
🥳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… pic.twitter.com/ZlPl4JhhQi
A new investigative film by the Public Interest Legal Foundation (PILF), a public interest law firm dedicated to election integrity, has revealed the group’s findings following its inspection of hundreds of commercial addresses listed on Arizona voter registrations as residences. The group found gas stations, liquor stores, abortion clinics, vacant lots, a strip club, an Arizona Cardinals training facility, and more all listed as voters’ residences.
Under Arizona law (A.R.S. 16-152), voters are required to register to vote where they reside, and the form even specifically forbids the use of business addresses or P.O. Boxes. Under the text of the law, voters must provide, “The complete address of the registrant’s actual place of residence, including street name and number, apartment or space number, city or town and zip code, or such description of the location of the residence that it can be readily ascertained or identified.”
PILF began the full film with a simple statement indicating that this issue was brought to the awareness of Arizona officials years ago. In on screen text, they wrote, “After years of failing to identify and remove commercial addresses from the voter roll, PILF is documenting this widespread problem to force Arizona election officials to investigate these addresses.”
PILF President J. Christian Adams said in a press release,
“We have been warning Arizona election officials about people registered to vote from commercial addresses since before the 2020 election. I hope this film will embarrass election officials into investigating the hundreds of commercial addresses on the voter roll. Arizona always comes down to a handful of votes which is why it’s so important this problem is fixed and why Arizonians need to go out and vote early this year.”
The foundation observed that that the illegal use of commercial addresses for voter registration is hardly the only issue with the Arizona voter rolls in 2024, noting several issues that AZ Free News has reported on in the past. These issues include the “glitch” that incorrectly marked 98,000 registrants as having provided proof of citizenship, the 2022 controversy over ballot printing errors at 70 Maricopa County voting centers that caused extensive delays and eroded voter confidence, and the Attorney General investigation of the 2020 election that showed as many as 200,000 ballots were transported illegally without the proper chain of custody.
The investigation by PILF closely resembles a similar undertaking by the investigative team of Louder with Crowder in 2021 following the controversial 2020 Presidential Election in which reporters for the show exposed voters registered under “addresses that do not exist,” including empty lots, highway overpasses and yes, commercial locations numbering in the thousands.
The Arizona Republican Party will forgo tradition and won’t be spending lavishly on an Election Night party this November. Instead, the major swing state party has pledged to put “every dollar” into its candidates as well as those opposition efforts for defeating ranked-choice voting.
The AZGOP announced in a Tuesday press release that it has fundraised $9 million over the last three months.
“All of our resources are being dedicated to helping our candidates win and preventing the far-left from gaining control of our state,” stated the press release. “Instead of spending tens or even hundreds of thousands of dollars on a celebration, we are channeling every dollar directly into our candidates’ efforts.”
The announcement marked a turnaround from the AZGOP’s spending approach during the 2022 election. Under former chairwoman Kelli Ward, the party spent over $530,000 on a party and bus tour for the midterm elections, which ultimately saw a blue wave not seen in half a century: Democrats won the top three statewide races and a Senate seat. Under Ward, the party raised around $3 million.
In the past two weeks, the party says it has funded 22 Republican candidates as well as efforts to defeat ranked-choice voting. Part of the candidate contributions include a “judicial mail campaign” seeking to persuade voters to support certain judges more supportive of the Constitution.
Additionally, the party says it launched a Get Out The Vote (GOTV) program to increase early voting among Republicans.
In her statement, Arizona Republican Party Chair Gina Swoboda said the stakes this year are higher than they’ve been for any other election.
“We believe it’s more important to invest every resource we have into ensuring our candidates’ victories rather than hosting a party,” said Swoboda. It’s all hands on deck until Election Day, and we’re laser-focused on winning up and down the ballot.”
The AZGOP press release came out the same day as the party’s filing for its post-primary election campaign finance report. Per their reporting, the party gave $8,400 to the reelection campaign of State Representative Matt Gress.
The party may be making another big, expensive legal move as well concerning Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) voters. Swoboda told Axios on Tuesday that counties had indicated to her that they handle UOCAVA voters differently.
Swoboda sent a letter to all county recorders asking for confirmation of UOCAVA voters’ identities, as well as a promise from counties that they reject registrations lacking proof of citizenship. Depending on their answer, the AZGOP or Republican National Committee may take “imminent” action to challenge UOCAVA voters through a lawsuit.
The latest voter registration statistics reflected over 4.1 million total voters: over 1.4 million registered Republicans, nearly 1.4 million “other” voters, nearly 1.2 million registered Democrats, over 30,900 registered Libertarians, over 29,000 registered No Labels voters, and over 3,000 Green voters.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
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.
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.
“America First Legal Sues Arizona Secretary of State’s Office for Illegally Withholding List of 218,000 Registered Voters Who Have Not Provided Proof of Citizenship.” https://t.co/EVPZcBkyGw
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.”
