PHOENIX — The Arizona Supreme Court has ruled that nearly 98,000 people will receive a full ballot with federal, state and local races after a legal fight over a clerical error put the secretary of state and Maricopa County recorder at odds over how to verify voters’ proof of citizenship.
Democratic Secretary of State Adrian Fontes fought for full access to vote in all races while Maricopa County Recorder Stephen Richer, a Republican, argued that those left in the breach of citizenship verification should get a federal-only ballot to protect the integrity of Arizona’s state and local elections.
The lawsuit between the two offices came after the the Maricopa County recorder’s office discovered a 20-year-old coding error for voters who had a license in the state before 1996, when Arizona began accepting state driver’s licenses as proof of citizenship, but didn’t renew it or move until after 2004, when Proposition 200 was passed requiring citizenship documentation to vote.
Both sides breathed a sigh of relief when the court handed down a ruling Friday, ensuring a smoother path to Election Day.
“We won. No voters on ‘the list’ will be made Fed-Only. Congrats team. Thank you amici. Now…let’s go have an election!!,” Fontes tweeted Friday.
Richer also took to Twitter to react to the ruling, as the case was described as a “friendly” lawsuit intended to clarify the law, according to the Arizona Republic.
“AZ Supreme Court ruled for defendant (Fontes),” he tweeted Friday. “The 100k registrants will continue to vote a full ballot this election. Thank God. Thank you Arizona Supreme Court for your extremely quick and professional review of this matter.”
Before the ruling, Gov. Katie Hobbs said her office “identified and fixed an administrative error” that led to the problem and worked with the Motor Vehicle Department to “implement a solution” and audit.
Arizona law requires proof of citizenship for voter registration in addition to what’s typical in voter-identification laws. Since it’s a state law, the recorder’s office’s legal argument was to allow a federal ballot as opposed to a full one.
The error cut across all Arizona’s counties and affected mostly Republican voters given that it involved people who’ve lived in the state for decades. Still, tens of thousands of Democrats and independents were also on the list.
There was bipartisan support for allowing the voters to cast their ballots in both federal and local races, as fears of disenfranchisement loom large and ballots to uniformed and overseas citizen voters were mailed out Saturday.
“Our brief makes it clear: nearly 100,000 Arizona voters should not be penalized for a mistake made by the government,” Arizona Republican Party Chairwoman Gina Swoboda said regarding the amicus brief filed to the court, taking the stance of Fontes, a Democrat.
“We will not stand by as voters are disenfranchised, especially so close to an election. The law requires that any changes to voter registration or eligibility must be handled carefully and in accordance with federal and state law. Rushing to disenfranchise voters now would not only be illegal but would severely undermine confidence in our elections,” she added.
