Arizona Supreme Court: Voters Impacted by Citizenship Error Allowed to Cast Complete Ballots

The Arizona Supreme Court has ruled that 98,000 voters, previously ineligible due to a system error, will be allowed to cast full ballots in the upcoming November elections. This decision came on Friday after it was revealed these voters were incorrectly marked as having provided proof of U.S. citizenship during registration, a requirement for state and local elections.

Eligible voters had been improperly categorized as ‘federal only’, limiting them to presidential and congressional races. The issue, which had persisted for nearly 20 years, was flagged earlier this month by Maricopa County election officials. Many affected individuals are longtime residents who have been on the voter rolls for years.

Secretary of State Adrian Fontes, a Democrat, alongside Maricopa County Recorder Stephen Richer, a Republican, petitioned the court on September 17 to clarify voting eligibility for these individuals before the election. Chief Justice Ann Scott Timmer indicated that counties could not legally remove these voters from the rolls, emphasizing the importance of due process close to Election Day.

“We are unwilling on these facts to disenfranchise voters en masse from participating in state contests,” Timmer stated, reinforcing the court’s stance against stripping voter rights without evidence of documentation.

Following the ruling, Fontes expressed relief on social media, stating, “We won! No voters on ‘the list’ will be made Fed-Only.” However, the Secretary of State’s Office confirmed that the affected voters will need to provide the necessary documentation before future elections. Details on how county officials will contact these voters remain unclear.

The debate over voting eligibility included Richer’s viewpoint advocating for federal-only ballots, but both officials viewed the situation as an opportunity for legal clarification. With the impending deadline for military and overseas voters to receive ballots and early voting commencing on October 9, Maricopa County has already started printing ballots.

State Republican leaders have called for stricter citizenship verification procedures. GOP Chairwoman Gina Swoboda expressed concern about changing voter eligibility so close to the election, citing potential confusion and violations of federal law. Notably, recent statistics indicate that Republicans make up the largest group among those affected by this error, with over 36,000 on the list compared to approximately 27,000 Democrats.

The underlying issue stems from how Arizona’s Motor Vehicle Division interacts with the voter registration system. The error primarily affects individuals who obtained their driver’s licenses before October 1996 and subsequently registered to vote after 2004. Why this discrepancy remained unnoticed until recently is still uncertain.

This article was originally published by Votebeat, a nonprofit news organization covering local election administration and voting access.