A significant legal battle in Arizona is heating up as a judge has ordered an evidentiary hearing concerning 218,000 voters who were registered without providing the required proof of citizenship. The lawsuit, which has been filed against the Arizona Secretary of State, aims to uncover vital public records related to these voters ahead of the upcoming election.
Judge Scott Blaney, overseeing the case in Maricopa County, emphasized the urgency and importance of the matter in his ruling. “The Secretary’s office is understandably busy during this election season, as is this Court. But the Court also notes that Plaintiff’s action seeks disclosure of a list(s) of nearly 220,000 Arizona voters… registered to vote without providing required documentary proof of citizenship,” Blaney stated. His decision underscores the widespread public interest in ensuring that voter registration complies with state and federal laws, especially in a time when election integrity remains a key concern for many Americans.
The case was brought forth by America First Legal on behalf of Strong Communities Foundation of Arizona. They argue that Arizona’s Secretary of State illegally withheld the list of the 218,000 voters whose citizenship status remains unverified. Initially, the state estimated that 98,000 voters were registered without proof of citizenship, but that figure was more than doubled to 218,000 after further review.
The state’s explanation for this discrepancy is tied to a supposed system glitch. According to officials, this glitch affected voters who received an Arizona driver’s license before 1996, thus exempting them from having to provide proof of citizenship when they registered to vote. The issue was only made public in mid-September when Maricopa County Recorder Stephen Richer announced a staged lawsuit that many believe was an attempt to deflect public scrutiny and manage the fallout.
Critics of the current Secretary of State, Adrian Fontes, and other Democratic leaders, including Governor Katie Hobbs and Attorney General Kris Mayes, argue that these officials have conspired to cover up the full scope of the issue. Allegedly, during a September 10 phone conversation, these officials discussed ways to mitigate the blowback and minimize public outrage, even though the glitch had been present for over 20 years. It is claimed that they also admitted in private that this glitch supports the longstanding concerns many have had about illegal voting in Arizona.
The central concern is that this glitch may have allowed non-citizens to vote in Arizona elections since 2004. If true, this could cast doubt on the integrity of many previous elections. However, the Secretary of State’s office claims that most of the affected voters are Republicans, but this information has yet to be independently verified. Despite repeated requests from county election officials and the Arizona GOP, the Secretary of State has not provided a full list of the affected voters, leaving many questions unanswered.
The lawsuit filed by Recorder Richer, a Republican, sought to downgrade the 218,000 affected voters to “federal only” voters, which would mean they could only vote in federal races and not in local or state elections. This is because, under Arizona state law, voters who do not provide proof of citizenship are ineligible to vote in local elections. However, the Arizona Supreme Court quickly intervened and ruled that these voters would still be eligible to vote on the full ballot in this election, sparking further controversy.
While some Republicans believe that allowing these voters to vote on the full ballot could be beneficial if the majority are indeed Republican, others are skeptical. They worry that this could be a cover for illegal voting, particularly given the lack of transparency from the Secretary of State’s office.
The situation has become even more contentious due to a recent emergency motion filed by the Secretary of State’s office. In this motion, they argue that releasing the list of affected voters could lead to privacy and safety concerns, citing potential political violence. To bolster their case, they plan to call an expert witness to testify about the risks associated with disclosing this information. However, many critics see this move as a delaying tactic aimed at keeping the list under wraps until after the election.
Merissa Hamilton, founder of Strong Communities Foundation of Arizona, responded to the Secretary of State’s motion on social media, criticizing Fontes for wasting taxpayer dollars on what she described as “political stunts.” Hamilton and her organization are pushing for greater transparency and accountability, arguing that the public has a right to know who is on the voter rolls, particularly when there are concerns about citizenship verification.
The evidentiary hearing is scheduled for October 28, just days before the election, and could have significant implications for the integrity of Arizona’s voter rolls. Whether the hearing will lead to the release of the voter list remains to be seen, but it is clear that the stakes are high for both the plaintiffs and the state officials involved. As the legal battle continues, the public will be watching closely to see how this issue unfolds and whether it impacts the upcoming election.
“This hearing is regarding Fontes’ refusal to release the list of 218k AZ voters without proof of citizenship on record to either the Recorders, the Legislature, or the Public. He claims a technical issue caused the system to not flag the voters as needing proof of citizenship,” said Hamilton in an X post announcing the new order in the case.
“Yet, why all the secrecy? What is Fontes hiding that he won’t even release it to other government officials responsible for the voter rolls or the oversight of our elections?” Hamilton asked.
https://twitter.com/merissahamilton/status/1846750632071364871?ref_src=twsrc%5Etfw
https://twitter.com/merissahamilton/status/1846758422810923206?ref_src=twsrc%5Etfw
