Officials recently revealed that a database error had allowed individuals who had not provided proof of citizenship to vote using a full ballot for nearly 20 years.
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| Voters arrive to cast their ballots at the Phoenix Art Museum in Phoenix, Ariz., on Nov. 8, 2022. |
(NEWS UPDATE USA FAST)-- In an order issued Friday, the Arizona Supreme Court ruled that an estimated 98,000 people who have not provided required proof of citizenship are eligible to vote in state and local elections.
The ruling comes after an error was discovered in a database that had allowed voters for close to 20 years who hadn't submitted the proof of citizenship mandated by a 2004 ballot initiative to cast full ballots.
Although neither the county recorder nor the state's chief election official believed these voters were non-citizens, they parted ways on how these voters' status ought to be treated in moving forward.
On September 17, Maricopa County Recorder Stephen Richer, a Republican, filed an emergency petition before the Arizona Supreme Court seeking relief regarding Voter Registration Guidance issued by Arizona Secretary of State Adrian Fontes, a Democrat.
Richer's petition challenged Fontes' instruction relative to such voters not providing documentary proof of citizenship upon registration.
The Arizona Supreme Court sided with Fontes, who argued that Richer failed to establish the county recorders have the legal authority to disqualify those voters from participating in the 2024 federal elections or voting on state ballot issues.
Since the enactment of Proposition 200 in 2004, residents of Arizona have had to provide documentary evidence of citizenship as a prerequisite for voting in state and local elections. Because the law went into effect in 2005, it is purely a state law.
The requirement can be satisfied by showing a specific approved form of identification, such as a driver's license number, a tribal ID number, or by including with the voter application a copy of a birth certificate, passport, or naturalization documents. An approved form of ID includes a driver's license issued on or after October 1, 1996.
Yet an error between the state's voter registration system and the Motor Vehicle Division mistakenly classified 97,928 voters whose licenses were issued before October 1, 1996. The system had flagged those individuals as legally qualified for full ballots, even though they had never provided proof of their citizenship.
At a rate of roughly 2.5 percent of all registered voters, this error could be enough to tip close state legislative races-Republicans now hold a slight advantage over Democrats-and ballot initiatives.
State election officials said the problem occurred because a majority of those voters had duplicate or updated licenses issued to them since October 1, 1996. The system, however, took the newer issue date instead of the original issue date for those licenses and incorrectly classified the voters.
Maricopa County Recorder Stephen Richer pressed to have those voters receive only federal-only ballots unless and until they file adequate documentation of their U.S. citizenship, as required under Proposition 200. Arizona Secretary of State Adrian Fontes, on the other hand, directed county recorders to do nothing and permit the participants to vote in all elections. Richer believed Fontes' directive was disregarding state law.
In this decision, justices held that according to Arizona law, an applicant's registration can't be withdrawn after the acceptance of his application unless there is evidence to prove that a person is not a U.S. citizen.
The court explained that county officials cannot revise the registration status of voters who registered long ago and attested under penalty of law that they are U.S. citizens. It also meant that the voters are not at fault in connection with any database errors.
But with the election in November looming, the court cited the need to avoid changes in election procedures too close to voting, noting that the time to contest the voters' registrations by county officials had long since passed.
"We are unwilling on these facts to disenfranchise voters en masse from participating in state contests," wrote Chief Justice Ann Scott Timmer in the ruling.
Maricopa County Recorder Stephen Richer and Arizona Secretary of State Adrian Fontes supported the action. Richer publicly thanked the court for the swift consideration and Fontes for his work with Richer to correct the situation.
"The 100k registrants will continue to vote a full ballot this election. Thank God," Richer posted on social media. "Thank you Arizona Supreme Court for your extremely quick and professional review of this matter. Thank you [Fontes] for your partnership on this."
Fontes also praised Richer's work and embraced the positive ruling.
The Associated Press contributed to this report.