Federal Judge Blocks Voter Purge of 1.2 Million While Allowing Access to Records

A federal judge has ordered Arizona Secretary of State Adrian Fontes to release voter roll maintenance records by December 2. This decision comes after a lawsuit filed by Citizen AG, a group advocating for voter education.

U.S. District Court Judge Steven Logan, appointed by President Barack Obama, declined to immediately remove 1.2 million voters from the registration lists as requested by Citizen AG, citing the organization’s claims as “wholly speculative.” Despite this setback, Citizen AG’s attorney, Alexander Kolodin, hailed the order as a victory, arguing that the produced records would substantiate their claims of poorly maintained voter rolls.

Kolodin stated, “We are pleased that the court ordered the records the secretary has been unlawfully withholding released so that Citizen AG will have the documents it needs to ensure that Arizona’s voter rolls are cleaned up.” He additionally criticized Fontes, a Democrat, for allegedly obstructing transparency regarding voter registration practices.

The lawsuit at its core asserts the presence of ineligible voters on Arizona’s rolls. Karen Hartman-Tellez, an assistant attorney general representing Fontes, told the court that allegations of ineligible individuals are unsubstantiated. However, she acknowledged uncertainty surrounding the number of registered voters who have either moved out of state or passed away.

Both state and federal regulations mandate that election officials notify voters who may have moved, placing them on an “inactive” list. Voters can reactivate their status by providing identification at polling locations. Nonetheless, those who do not participate in two consecutive elections face removal from registration lists.

Citizen AG claims that after the 2022 elections, around 1.2 million Arizonans were marked inactive yet not permanently removed, potentially diluting the votes of those legally entitled to cast them. Judge Logan questioned the validity of this claim, noting a lack of independent data to support the assertion that ineligible voters remain on the rolls.

Furthermore, Logan pointed out legal restrictions against mass removals of voters within 90 days of an election, maintaining that the request’s timing was problematic. The assistant attorney general echoed this sentiment, asserting that Citizen AG had previously delayed filing for the sought-after records.

Judge Logan emphasized the legal right of Citizen AG to access specific records, stating, “The law is the law, even on the eve of an election.” Thus, Fontes is now required to comply with the court’s order and provide the necessary documentation.