Judge Unleashes Transparency: 98,000 Voter Names Revealed Amid Citizenship Proof Debate

In a significant ruling on Thursday, Maricopa County Superior Court Judge Scott Blaney ordered Secretary of State Adrian Fontes to release the names of approximately 98,000 registered voters who may not have provided proof of citizenship. This decision comes as part of a lawsuit filed by the Stronger Communities Foundation.

Judge Blaney, appointed by former Governor Doug Ducey, firmly stated that the information sought is a public record, thereby necessitating its disclosure. Fontes acknowledged the ruling but contended that he could withhold the information under the Public Records Law, claiming such a release might not be in the “best interests of the state.” He emphasized concerns about the potential danger to individuals involved.

However, the judge dismissed these claims, noting a lack of evidence suggesting any individual faced imminent danger. He also pointed out that Fontes had provided inconsistent testimony regarding the number of those affected by what has been termed a “glitch” in the Motor Vehicle Division’s records.

Despite acknowledging the possibility that the list may not be fully complete, Judge Blaney ordered the release of the names by noon the following Monday. In a precautionary measure, he has barred the Stronger Communities Foundation from contacting any of those listed until after the Tuesday election and limited the distribution of the information to select officials.

An aide to Fontes indicated that the Secretary was reviewing the order. The ruling marks a victory for Stronger Communities, an organization claiming to use voter information for outreach purposes. Merissa Hamilton, the group’s chair, expressed that not having the list before the election limits their ability to clarify citizenship status, especially as over two million Arizonans have already voted early.

This situation stems from a 2004 voter-approved law mandating proof of citizenship for voter registration. Additionally, a 1996 law requires proof of legal presence to obtain an Arizona driver’s license. Confusion arose when the Motor Vehicle Division erroneously reported on the status of licenses, leading counties to register individuals without the necessary proof of citizenship.

Importantly, anyone registered without proof can only vote in federal races. The Arizona Supreme Court recently ruled that individuals on the list could still participate in all elections this year, prioritizing the protection of voter rights over concerns about potential inaccuracies in the voter rolls.

Stronger Communities had sought the list without specifying their rationale, triggering legal action when Fontes refused. The group’s attorney criticized the Secretary for not complying with public records law, framing it as an effort to avoid embarrassment.

Fontes attempted to bolster his case by bringing in a Chicago professor to testify about political violence; however, Judge Blaney noted that the testimony lacked specific relevance to Arizona. In his ruling, Blaney reinforced that the exceptions for withholding public records are limited.

Ultimately, Judge Blaney’s decision underscores the public’s right to access information, particularly in cases where government agencies may have mismanaged records. He indicated that withholding information under the premise of potential personal safety could lead to broad, unwarranted discretion in public record keeping.