Arizona Court Allows 98,000 Voters Full Ballot Access Despite Citizenship Check Issues

 September 23, 2024

A landmark decision by the Arizona Supreme Court impacts nearly 98,000 voters in the state.

Breitbart News reported that the Arizona Supreme Court unanimously ruled on Friday that approximately 98,000 individuals whose citizenship documents had not been confirmed can vote in state and local races.

This ruling comes after a database error was discovered that had mistakenly designated these voters as having access to the full ballot for two decades. The affected voters, who were already entitled to cast ballots in federal races, will now have the right to participate fully in state and local elections as well.

Database Error Leads to Voting Status Confusion

The issue arose from a system coding error that incorrectly marked nearly 98,000 voters who obtained driver's licenses before 1996 as full-ballot voters. This error, which affected about 2.5% of all registered voters in Arizona, has since been resolved.

Secretary of State Adrian Fontes, a Democrat, and Maricopa County Recorder Stephen Richer, a Republican, had disagreed on how to handle the situation. Richer sought the high court's opinion, arguing that Fontes had ignored state law by advising county officials to allow affected voters to cast full ballots.

On the other hand, Fontes contended that denying these voters access to the full ballot could raise equal protection and due process concerns.

Court's Ruling Favors Voter Rights

Chief Justice Ann Scott Timmer wrote for the court: "We are unwilling on these facts to disenfranchise voters en masse from participating in state contests."

The justices emphasized that county officials lack the authority to change the voters' statuses, as these individuals had registered long ago and attested to their citizenship under penalty of law. The court also noted that the voters were not at fault for the database error and considered the limited time remaining before the November 5 general election.

The ruling is particularly significant given Arizona's unique requirement for voters to prove their citizenship to participate in local and state races. Voters can demonstrate citizenship through various means, including providing a driver's license or tribal ID number, or by attaching copies of birth certificates, passports, or naturalization documents.

Potential Impact on Upcoming Elections

The decision could have a substantial impact on several key races and ballot measures in Arizona. With Republicans holding a slim majority in both chambers of the state Legislature, the additional 98,000 voters could potentially influence the outcome of hotly contested races. Additionally, voters will be deciding on the constitutional right to abortion and on a state law that would criminalize noncitizens for entering Arizona through Mexico at any location other than a port of entry.

Of the affected voters, most reside in Maricopa County, which includes Phoenix. The group consists primarily of longtime state residents between the ages of 45 and 60. Approximately 37% are registered Republicans, 27% are registered Democrats, and the remainder are independents or affiliated with minor parties.

Reactions and Next Steps

Both Richer and Fontes expressed satisfaction with the court's ruling, despite their initial disagreement. Richer commented on social media platform X, saying "Thank God," while Fontes called the ruling a "significant victory for those whose fundamental right to vote was under scrutiny."

The Arizona Supreme Court's decision allows nearly 98,000 voters to participate fully in state and local elections despite unconfirmed citizenship documents. This ruling could significantly impact upcoming ballot measures and legislative races in Arizona. The court emphasized protecting voter rights and acknowledged the database error that led to the confusion. Election officials will work to update voter records following the November 5 general election.

About Victor Winston

Victor is a freelance writer and researcher who focuses on national politics, geopolitics, and economics.

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