Arizona Supreme Court Allows Nearly 100,000 Voters to Cast Full Ballots Despite Citizenship Proof Issue
In a significant ruling with potential implications for the upcoming November elections, the Arizona Supreme Court has decided that nearly 100,000 registered voters lacking documented proof of U.S. citizenship will be allowed to participate fully in state and local races. This decision comes after the discovery of a decades-long coding error in the state’s voter registration system.
Decades-Old Coding Error Unveiled
The issue arose when state officials uncovered a “coding oversight” affecting voters who obtained their driver’s licenses before October 1996 and later received duplicates after 2004. Due to a flaw in the integration between the state’s voter registration database and the Motor Vehicle Division, these voters were incorrectly marked as having provided proof of citizenship. The error went undetected for nearly 20 years, mistakenly granting full ballot access to these individuals without documented citizenship verification.
Differing Views Lead to Legal Action
Arizona Secretary of State Adrian Fontes, a Democrat, and Maricopa County Recorder Stephen Richer, a Republican, found themselves at odds over how to handle the situation. Fontes advocated for allowing the affected voters to continue casting full ballots, citing concerns over equal protection and due process.
“This was discovered not because someone was voting illegally,” Fontes stated at a news conference. “Not allowing these voters, who believed they had satisfied voting requirements, access to the full ballot would raise significant concerns.”
Richer, on the other hand, argued that state law requires documented proof of citizenship for participation in state and local elections. He filed a special action requesting the Arizona Supreme Court to intervene, stating, “It is my position that these registrants have not satisfied Arizona’s documented proof of citizenship law and therefore can only vote a ‘federal only’ ballot.”
Supreme Court’s Decision
Chief Justice Ann A. Scott Timmer delivered the court’s unanimous decision, siding with Fontes. The court ruled that county officials lack the authority to change the voters’ statuses, especially so close to the election. “We are unwilling, on these facts, to disenfranchise voters en masse from participating in state contests,” Timmer wrote. The justices emphasized that the voters were not at fault for the administrative error and that altering their voting rights at this juncture would violate principles of due process.
Implications for the Upcoming Election
The nearly 98,000 affected voters represent about 2.5% of Arizona’s registered voters, with a partisan breakdown of approximately 37% Republicans, 27% Democrats, and the remainder unaffiliated or affiliated with minor parties. Their participation could influence tightly contested races, including those for the state legislature and key ballot initiatives like the constitutional right to abortion and state laws affecting non-citizens.
Election officials are now focused on ensuring a smooth voting process. “Now we can get on with the rest of the preparations for 2024,” Fontes remarked, calling the ruling a “significant victory for those whose fundamental right to vote was under scrutiny.”
Richer, despite initiating the legal challenge, expressed relief over the court’s swift decision. “Thank God,” he posted on social media platform X. “Maintaining voters’ statuses will be administratively easier.”
Next Steps for Voters
The error between the voter registration and motor vehicle systems has been resolved. Post-election, officials plan to contact the affected voters to update their proof of citizenship documentation. Both Fontes and Richer aim to prevent similar issues in future elections.
A Unique Situation in Arizona
Arizona stands out as the only state requiring documented proof of citizenship to vote in state and local elections. While all voters must attest to their citizenship under penalty of law when registering, Arizona demands additional documentation, such as a driver’s license number (issued after 1996), birth certificate, passport, or naturalization papers.
The state has grappled with legal challenges over these requirements for years. In 2013, the U.S. Supreme Court ruled that Arizona must allow voters who haven’t provided proof of citizenship to participate in federal elections. This led to a dual registration system, where only those who submit the required documentation can vote in state and local contests.
Conclusion
The Arizona Supreme Court’s ruling ensures that nearly 100,000 voters will not be disenfranchised due to an administrative error. As the state prepares for a pivotal election, officials from both parties emphasize the importance of every eligible voter’s voice being heard. This decision underscores the ongoing debates surrounding voting rights, election integrity, and administrative efficiency in Arizona and across the nation.