PHOENIX — The Arizona Supreme Court has ruled that complete ballots for federal, state and local elections will be distributed to about 98,000 people after a legal battle over a clerical error pitted the secretary of state's office and the Maricopa County recorder at odds over how to verify voters' proof of citizenship.
Secretary of State Adrian Fontes, a Democrat, fought for full voting rights in all elections, while Republican Maricopa County Recorder Steven Richer argued that those left with citizenship verification violations should receive federal-only ballots to protect the integrity of Arizona's state and local elections.
The lawsuit between the two offices came after the Maricopa County Recorder's Office discovered a 20-year-old coding error involving voters who had licenses in Arizona before 1996, when the state began accepting state driver's licenses as proof of citizenship, but who did not renew or move until after 2004, when Proposition 200 was passed, requiring citizens to show documentation of citizenship to vote.
Both sides breathed a sigh of relief after the court handed down its ruling on Friday, ensuring a smoother road to Election Day.
“We won. No voter on the 'list' will be Fed-only. Congratulations team. Thanks Amici. Now… let's vote!!” Fontes Tweeted Friday.
Richer also responded to the ruling on Twitter, describing the case as a “friendly” one aimed at clarifying the law. Arizona Republic.
“The Arizona Supreme Court ruled in favor of the defendant (Fontes),” he said. Tweeted Friday. “Our 100,000 registered voters will continue to cast all their votes in this election. Thank you, God. Thank you, Arizona Supreme Court, for your extremely prompt and professional review of this case.”
Before the ruling, Gov. Katie Hobbs said her office had “identified and corrected the administrative errors that contributed to the problem” and was working with the Department of Motor Vehicles to “implement solutions” and conduct an audit.
Arizona law requires proof of citizenship to register to vote, in addition to what is generally allowed under voter identification laws. Because it is state law, the Recorder's Office made a legal argument that it would recognize the federal vote, but not the full vote.
The error spanned every county in Arizona and included people who had lived in the state for decades, so it mostly affected Republicans, but tens of thousands of Democrats and independents were also included on the list.
Amid widespread fears of disenfranchisement, there is bipartisan support for allowing voters to cast their ballots in both federal and local elections, with ballots being mailed to uniformed voters and those living overseas on Saturday.
“Our brief makes clear that nearly 100,000 Arizona voters should not be punished for a government error,” Arizona Republican Party Chair Gina Swoboda said in an amicus brief filed with the court, taking the position of Fontes, a Democrat.
“With an election looming, we will not sit idly by and watch as voters are disenfranchised. 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 is not only unlawful, but it would severely undermine confidence in our elections,” she added.
