GOP and Fontes Urge AZ Supreme Court to Protect Rights of 97,000 Misregistered Voters

In an unexpected twist in Arizona’s election landscape, Republican leaders have aligned themselves with the state’s Democratic Secretary of State, Adrian Fontes, in a contentious legal matter involving approximately 97,000 voters. These voters may potentially miss out on casting their ballots in the upcoming election, as questions swirl about their proof of citizenship.

The chair of the Arizona Republican Party, Gina Swoboda, strongly emphasized the need to protect voter rights. “Nearly 100,000 Arizona voters should not be penalized for a mistake made by the government,” she stated in a press release. Swoboda’s remarks accompany a legal filing urging the Arizona Supreme Court to ensure these voters can participate fully in local and state elections.

A 2004 law mandates that Arizona residents present proof of citizenship to register to vote. However, a ruling from the U.S. Supreme Court prohibits this requirement from affecting federal elections, leading to a bifurcated system within Arizona. Voters lacking sufficient proof of citizenship may only receive federal-only ballots.

The situation intensified when a long-standing coding glitch was discovered in Arizona’s Motor Vehicle Division, affecting voter registration. This issue primarily impacts individuals who registered to vote after obtaining driver’s licenses before 1996 but never proved their citizenship while doing so.

Maricopa County Recorder Stephen Richer, also a Republican, filed an emergency petition this week, seeking to limit affected voters to federal-only ballots unless they can provide the necessary proof of citizenship. With nearly 100,000 votes in question, this could have significant implications in a state known for razor-thin electoral margins.

Republicans expressed particular concern that a number of affected voters are older individuals who likely lean towards their party. In response to the growing urgency, Secretary of State Fontes has urged for the existing voter status to remain unchanged during the election, advocating for clarity and stability as crucial deadlines near.

Fontes’ representative noted that changing requirements close to election day could lead to chaos. The deadlines for military and overseas ballots are looming, with mailings set to commence Saturday, and the final day for voter registration approaching on October 7. Early voting begins shortly after on October 9.

Furthermore, Fontes contested any assumptions that the majority of the 97,000 voters might be non-citizens. He pointed to studies highlighting the rarity of non-citizen voting and noted that even those without requested proof at the time of registration had affirmed their citizenship status under penalty of perjury.

“Depriving voters of their rights without substantive evidence is undemocratic,” argued Craig Morgan, the attorney representing Fontes. He went on to stress that any move to alter the voters’ eligibility would require the court to engage in lawmaking, a task beyond its jurisdiction.

Backing Fontes’ position, Republican legislative leaders, including Senate President Warren Petersen and House Speaker Ben Toma, have sought to intervene and support the call for preserving the voting rights of the affected individuals. They acknowledged potential differences in perspective but emphasized that the issues at hand revolve around fundamental rights and the integrity of Arizona’s voting laws.

As the Arizona Supreme Court prepares to deliberate, the fate of 97,000 voters hangs in the balance, with county recorders instructed to maintain current operations and focus on identifying impacted individuals for potential remedial action.

In a related development, U.S. Rep. Greg Stanton, a Democrat from Phoenix, has reached out to the U.S. Department of Homeland Security, seeking assistance in addressing the situation and verifying missing citizenship statuses among the affected voters.