Arizona Voter Registration Error Affects 100,000 Voters, Sparks Legal Clash

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A voter registration error in Arizona has cast doubt on nearly 100,000 voter records, sparking legal battles ahead of the upcoming elections.

At a Glance

Nearly 100,000 Arizonans are affected by a registration system error.
Arizona requires proof of citizenship for state and local elections.
Lawsuit filed to resolve whether these voters can cast full ballots.
System flaw identified when a noncitizen was found registered.

The Issue at Hand

Nearly 100,000 Arizona voters find themselves in limbo due to a significant error in the state’s voter registration system that incorrectly marked them as having provided proof of citizenship. This error primarily affects voters with outdated driver’s licenses obtained before October 1996 and later updated, complicating their voting status for state and local elections.

All affected voters have attested to their citizenship under penalty of law, yet without documented proof, they may be restricted from casting a full ballot. The state’s proof of citizenship requirement, established in 2004 through Proposition 200, is meant to ensure only eligible voters participate in Arizona elections. The error was uncovered after the Maricopa County Recorder’s Office identified a noncitizen who was registered incorrectly.

Legal Implications

Maricopa County Recorder Stephen Richer announced that 97,688 voters were flagged for not having provided the required documentation. He has filed a lawsuit against the Arizona Secretary of State, Adrian Fontes, to determine the eligibility of these voters for the November elections. Richer asserts that a clear judicial decision is necessary, as the split in opinion could significantly affect the outcome of critical state races.

“That is why we are going to the courts. To get a clear answer,” Richer wrote on X. He emphasized that these individuals had attested to their citizenship but had not submitted documented proof.

The urgency of resolving this issue is enhanced by the imminent mailing of ballots to military and overseas voters. The Arizona Supreme Court is urged to provide a rapid decision due to the high stakes involved in the upcoming elections.

System and Administrative Flaws

The error traces back to a flaw in the state’s systems that verify citizenship based on the issuance dates of driver’s licenses. This coding issue has persisted for nearly two decades, affecting voter rolls through multiple administrations. Governor Katie Hobbs has directed the Motor Vehicle Division (MVD) to rectify the issue and conduct an independent audit to prevent future occurrences.

“This flaw has existed since 2004. In every county. Across the state.” said Richer.

Secretary of State Fontes advocates for maintaining the status quo until after the election to minimize disruption, arguing that any immediate changes would place an unnecessary burden on voters and potentially deprive them of their rights. In contrast, Richer proposes issuing federal-only ballots to the affected individuals, ensuring they can vote in federal but not state/local elections until their status is confirmed.

BREAKING: Maricopa County files lawsuit in Arizona Supreme Court asking whether ~100K voters affected by what the state says was a clerical error must submit proof of citizenship before November's election.

Lawsuit: https://t.co/etVY8qKys9

Background: https://t.co/tNs4vTxFea

— Jen Fifield (@JenAFifield) September 17, 2024

What’s Next

The Arizona Supreme Court’s decision will play a crucial role in determining whether these nearly 100,000 voters can participate fully in the state and local elections. Affected voters are encouraged to contact the secretary of state’s office or their local county registrar to ensure their eligibility. Many may need to provide proof of citizenship to vote in state and local contests.

“We have no reason to believe that there are any significant numbers of individuals remaining on this list who are not eligible to vote in Arizona,” Secretary of State Adrian Fontes assured in a recent press conference.

The spotlight on Arizona reaffirms the state’s significance in national elections. Efforts by Republicans to legislate documented proof of citizenship for federal elections reflect ongoing debates around election integrity and access. As Arizona prepares for another critical election cycle, the resolution of this registration error will be a pivotal moment in safeguarding the democratic process.