Arizona Supreme Court Allows 98,000 Unverified Voters to Cast Full Ballots in State Elections
PHOENIX (AP) — On Friday, the Arizona Supreme Court issued a unanimous ruling allowing nearly 98,000 individuals, whose citizenship documents had not been verified, to participate in state and local elections. This ruling is poised to impact ballot measures and closely contested legislative races.
The court's decision follows the discovery of a database error that had incorrectly classified these voters for two decades, allowing them access to the full ballot. These individuals were already permitted to vote in federal elections, including presidential and congressional races, irrespective of the court's ruling.
A disagreement arose between Secretary of State Adrian Fontes, a Democrat, and Stephen Richer, the Republican recorder for Maricopa County, regarding the status of these voters. Richer sought the court's guidance, contending that Fontes had violated state law by instructing county officials to permit these voters to cast full ballots.
Fontes argued that denying voters who believed they met the requirements access to the full ballot would raise significant equal protection and due process issues.
The Republican-leaning Supreme Court concurred with Fontes, stating that county officials do not have the authority to alter these voters' statuses, as they registered years ago and certified their citizenship under penalty of law. The justices emphasized that the voters were not responsible for the database error and noted the approaching Nov. 5 general election.
Chief Justice Ann Scott Timmer remarked in the ruling, “We are unwilling on these facts to disenfranchise voters en masse from participating in state contests.”
Among the nearly 98,000 voters affected, the majority live in Maricopa County, home to Phoenix. These individuals are long-term residents of the state, primarily aged between 45 and 60. Approximately 37% are registered Republicans, 27% are registered Democrats, while the remaining voters identify as independents or belong to minor parties.
Arizona stands out because it mandates proof of citizenship for participation in local and state elections. Voters can verify their citizenship by providing a driver’s license or tribal ID number, or by submitting a copy of a birth certificate, passport, or naturalization documents.
Licenses issued after October 1996 are recognized as valid proof of citizenship in Arizona. However, a coding error in the system incorrectly classified nearly 98,000 voters who received licenses before 1996—about 2.5% of all registered voters—as eligible for full ballots.
This discrepancy between the state’s voter registration database and the Motor Vehicle Division has now been corrected.