AZ Supreme Court Restores Voting Rights for 100,000 Due to MVD Blunder

By Matthew Holloway |

The Arizona Supreme Court delivered a landmark ruling on Friday, allowing nearly 98,000 Maricopa County voters to cast full ballots in the upcoming November elections. This decision comes in response to a clerical error that would have limited these voters to a ‘Fed Only’ ballot.

Maricopa County Recorder Stephen Richer initially sought to restrict these voters following the discovery of issues with their citizenship documentation. In a significant show of support, various voices from across the political spectrum filed amicus briefs urging the court to protect their voting rights, including the Arizona Republican Party and the League of Women Voters of Arizona.

This issue arose after Secretary of State Adrian Fontes revealed that a coding error could impact around 97,000 individuals who obtained Arizona driver’s licenses before October 1, 1996. The technical problem had potential ramifications for voters’ eligibility in state-level elections, representing over 2.5% of Arizona’s registered electorate. Although the error has been resolved, many voters remained in limbo regarding their registration status.

The AZGOP, which recently filed an amicus brief, contended that the disenfranchisement of these voters violates both state and federal laws. The party emphasized the importance of adhering to the National Voter Registration Act, which forbids systematic voter removals within 90 days of a federal election.

AZGOP Chair Gina Swoboda stated, “The only question before us is whether voters with a driver’s license from before October 1996 should be denied their right to vote in state and local elections. Nearly 100,000 voters should not be punished for a government error.”

In a related statement, Richer defended his office’s legal actions, indicating that while many affected individuals have attested to their U.S. citizenship, the lack of documented proof of citizenship places them at risk. He maintained that as of now, they may only be eligible to receive a ‘Federal Only’ ballot.

The AZGOP brief thoroughly outlined the severe implications of disenfranchising longstanding voters, arguing that it infringes upon their First and Fourteenth Amendment rights. They stressed the importance of due process and transparency, particularly close to the October 7 registration deadline for the election.

Chief Justice Ann Scott Timmer, writing for the majority, noted, “Richer has not established that the county recorders have statutory authority to remove these voters from participating in the 2024 General Election.” She further stated that existing Arizona law requires county recorders to notify voters if their registration is set to be canceled, ensuring individuals have the opportunity to contest any claims of ineligibility.

This ruling represents a critical affirmation of voter rights in Arizona, emphasizing due process amid the complexities surrounding voter registration and eligibility requirements.

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