In a landmark decision, the Arizona Supreme Court unanimously ruled on Friday that nearly 98,000 voters whose citizenship documents had not been confirmed will be allowed to vote in state and local elections. This ruling is expected to significantly impact ballot measures and tight legislative races in the upcoming general election on November 5.
The court’s ruling follows the discovery of a long-standing database error that incorrectly classified these voters as having access to the full ballot for over two decades. While these voters have always been eligible to vote in federal races, including presidential and congressional elections, the ruling clarifies their status for state and local contests.
Arizona Secretary of State Adrian Fontes, a Democrat, and Republican Maricopa County Recorder Stephen Richer had been at odds over the matter. Richer sought a court ruling, asserting that Fontes had ignored state law by allowing these voters to cast full ballots. Conversely, Fontes argued that denying these voters access to the full ballot raised concerns about equal protection and due process.
The Supreme Court sided with Fontes, stating that county officials did not have the authority to alter the voters’ statuses since they had registered long ago and sworn under penalty of law to their citizenship. Chief Justice Ann Scott Timmer emphasized the urgency of the situation, noting the limited time before the upcoming election and the court’s unwillingness to disenfranchise voters en masse.
Most of the affected voters reside in Maricopa County, home to Phoenix, and predominantly fall within the 45 to 60 age range. Approximately 37% are registered Republicans, 27% are Democrats, while the remainder are independents or affiliated with minor parties.
Arizona’s unique requirement mandates that voters prove their citizenship to participate in state and local elections, using documentation such as a driver’s license, tribal ID, or birth certificate. A coding error had incorrectly designated voters who obtained their licenses before October 1996 as full-ballot voters, affecting roughly 2.5% of all registered voters in the state.
The resolution of this error comes at a critical time, as the upcoming elections include crucial measures such as the constitutional right to abortion and a state law criminalizing noncitizens for entering Arizona outside designated ports of entry.
Both Richer and Fontes celebrated the court’s ruling, with Richer expressing relief over the decision. Fontes called it a “significant victory for those whose fundamental right to vote was under scrutiny.” Election officials plan to contact voters needing to update their proof of citizenship after the election.
John Groseclose, one of the voters affected by the citizenship issue, expressed his relief at not being disenfranchised due to a longstanding error. “I’m glad that none of us are going to be disenfranchised over an error generated by the MVD 20 some-odd years ago,” he said.
