The Arizona Supreme Court has ruled that nearly 98,000 voters whose citizenship status was previously unconfirmed can participate fully in state and local elections, resolving a database error that persisted for over two decades.
The Court ruled unanimously on Friday that nearly 98,000 residents whose citizenship documents were not confirmed can vote in state and local races. The decision addresses a long-standing database error and is expected to impact several tightly contested legislative races and ballot measures in the upcoming general election.
The error, which persisted for two decades, had incorrectly granted these voters full-ballot access, despite their citizenship status not being properly documented. These voters were already entitled to participate in federal races, such as those for president and Congress, regardless of the court's decision.
Secretary of State Adrian Fontes, a Democrat, and Maricopa County Recorder Stephen Richer, a Republican, had been at odds over the voters' status.
Richer petitioned the court, arguing that Fontes had bypassed state law by advising counties to allow these individuals to vote on the full ballot. Fontes countered that blocking them would raise serious concerns over equal protection and due process, as many believed they had fulfilled all necessary voting requirements.
In its ruling, the court sided with Fontes, emphasizing that county officials do not have the authority to alter the status of these voters, who had attested under penalty of law that they are citizens when they registered. The justices noted that the error was not the voters' fault.
"We are unwilling on these facts to disenfranchise voters en masse from participating in state contests," wrote Chief Justice Ann Scott Timmer in the opinion.
The database error, which affected approximately 2.5% of all registered voters in Arizona, primarily impacted individuals who obtained driver's licenses before October 1996. Since then, Arizona has required proof of citizenship, such as a driver's license, tribal ID, birth certificate, passport, or naturalization documents, to participate in state and local elections. The error occurred in integrating the state's voter registration system and the Motor Vehicle Division and has since been corrected.
"This was discovered not because somebody was voting illegally and not because somebody was attempting to vote illegally, as far as we can tell," Fontes said at a news conference earlier this week. "And this was basic voter roll maintenance, and it showed us that there is this issue."
The ruling holds significant implications for state races, where Republicans currently hold a narrow majority in both legislative chambers.
Despite their previous disagreement, both Fontes and Richer expressed relief over the court's decision. "Thank God," Richer posted on X, adding that the ruling would simplify the administrative process.
Fontes, in a news release, hailed the verdict as a "significant victory for those whose fundamental right to vote was under scrutiny." He stated that election officials would contact affected voters to update their proof of citizenship after the election.
Information from the Associated Press was used in this story.
Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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