Arizona Officials’ Database Fiasco Is Still Causing Headaches For Voters And Election Workers

The issue stems back to early September, when Arizona election officials discovered approximately 98,000 registrants on the voter rolls who had not given the state documentary proof of citizenship.

Judge Orders Arizona’s Elections Chief To Release The Names Of 218K Voters Lacking Citizenship Proof

Adrian Fontes failed to show that 'production of the records would violate rights of privacy or confidentiality or would be detrimental to the best interests of the state.'

Court slaps down Arizona Dem official who fearmongered about 'violent' Trump supporters in voter ID case



A county judge excoriated the Democrat secretary of state of Arizona for arguing that supporters of former President Donald Trump would become violent and endanger Arizonans who did not provide proof of citizenship when registering to vote.

The issue stems from a decades-old error in the Arizona system that erroneously denoted that drivers who applied for a license renewal after 2004 had provided proof of U.S. citizenship when applying for their first license sometime before 1997, Blaze News previously reported.

As those residents never actually provided documented proof of citizenship, which is required to vote in state and local elections, they should be issued federal-only ballots in 2024, Maricopa County recorder Stephen Richer, a Republican, argued in mid-September.

Initially, reports indicated that about 98,000 residents between the ages of 45 and 60 from all across the state of Arizona were affected. A few weeks later, Arizona Secretary of State Adrian Fontes (D) discovered that the number was actually closer to 218,000.

'The Defendants further proffered no evidence that EZAZ.org has ever weaponized information to harass or intimidate voters ... singled out voting locations to protest or harass voters, or subjected voters to threats.'

At the time, Fontes claimed that the issue was discovered too close to the election and would affect mainly Republican-leaning voters. The state supreme court ultimately agreed and determined in late September that these registrants could vote in federal, state, and local elections in 2024.

However, Fontes changed his tune after America First Legal, a legal group with strong ties to Trump, sued on behalf of EZAZ.org, a right-leaning nonprofit, to demand that Fontes release the list of affected residents as a matter of public record.

On Monday, Fontes and his attorneys argued before Maricopa County Superior Court Judge Scott Blaney that releasing the list would subject the listed residents to violence and intimidation from EZAZ.org associates and other Trump supporters.

The defense even enlisted the help of Prof. Robert Pape — a radical leftist obsessed with "White Rural Rage" and January 6 — as an expert witness. According to Blaney's ruling, issued on Thursday, Pape's testimony was egregiously biased against Trump supporters, focusing "almost entirely on allegations of past and anticipated prospective violence from only one side of the political spectrum, and only related to former president Donald Trump."

Because Pape's opinions were so one-sided and were effectively based solely on "national statistics" and on "speculation" about possible "violence and harassment," Blaney said he gave them "only minimal weight."

Pape was not the only one to denigrate Trump supporters during the hearing. Fontes also basically testified that he wanted to withhold releasing the voter registration records if doing so "could save just one life," despite a "lack of any evidence that any individual’s life was in danger," Blaney recalled

"Secretary Fontes argued that providing the list of 218,000 Affected Voters would necessarily lead to violence – even sure death – of one or more Affected Voters, even if this Court specifically ordered that EZAZ.org could only distribute the list of Affected Voters to county recorders, leadership for the Arizona state legislature, and the Arizona Senate and House Elections Committee," Blaney wrote. "The Secretary’s claims were not credible and not supported by evidence."

"The Defendants further proffered no evidence that EZAZ.org has ever weaponized information to harass or intimidate voters, conducted mass voter challenges, singled out voting locations to protest or harass voters, or subjected voters to threats," Blaney added.

Between the specious argument that residents on the list of affected registrants were somehow in danger and the fact that Secretary Fontes admitted on the stand that his office has access to these records through the registration database and that "his office routinely responds to and releases copies" of the database to third parties, Judge Blaney sided with plaintiffs EZAZ.org and AFL.

Fontes and his office now have until Monday to release to EZAZ.org the original list of the 98,000 affected residents and any identifying information about the other 120,000 registrants on the full list as well as datasets and communications between various government agencies about the issue. Defendants must also cover the plaintiffs' attorneys' fees and costs.

Plaintiffs have been ordered not to canvass or contact any of the voters on the list. They also may not release any personally identifiable information about any voter on the list prior to Wednesday, the day after the election.

In a press release, AFL called the ruling "critically important to the integrity of the upcoming presidential election."

"When Secretary Fontes discovered the glitch that allowed 218,000 individuals to register without providing proof of citizenship, he should have immediately shared the list of affected individuals with Arizona’s county recorders, who are in charge of verifying the citizenship of voters. Instead, he has jealously guarded the list, refusing to share it with anyone," said a statement from James Rogers, America First Legal senior counsel. "It is unfortunate that Secretary Fontes so aggressively opposed our common-sense efforts to help restore trust in our state’s election system. This was a case we never should have needed to file."

"A majority of Arizonans no longer trust the election system of our state. One of the reasons is the lack of transparency from our state’s elected officials," Rogers added.

"This suit was about restoring transparency and ensuring that county recorders can do their jobs by verifying the citizenship of voters."

Fontes' office did not respond to Blaze News' request for comment.

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​Arizona registered 218,000 voters without citizenship proof — and now it's withholding the list, lawsuit claims



Arizona Secretary of State Adrian Fontes and his office are facing a lawsuit over a major voter registration scandal.

On behalf of the Strong Communities Foundation of Arizona, America First Legal filed the complaint, claiming that Fontes and his office are "illegally withholding a list from the public of over 218,000 individuals who registered to vote without providing proof of citizenship as required by law."

AFL filed a public records request asking the secretary of state to turn over the list of individuals. According to AFL, that request was rejected.

"Rather than treating constituents with respect and decorum, their response was a bombastic tirade that invoked a bizarre conspiracy theory accusing EZAZ.org [Strong Communities Foundation of Arizona] of secretly planning to harass the voters on the list," AFL wrote in a press release announcing the lawsuit. "There is, of course, no evidence to support Secretary Fontes's conspiracy theory, and EZAZ.org has no intention of harassing anyone. Secretary Fontes also feebly claimed that compiling the list would be too hard for his staff. None of these excuses hold water. Fontes's staff has already compiled the list–that's how they know the number of affected voters. And there is no risk that these voters will be harassed–EZAZ.org's mission is all about protecting voters."

Additionally, AFL accused the secretary of State of refusing to share the list with county recorders, thereby "making it impossible for them to check whether these individuals are citizens."

"Secretary Fontes's refusal is puzzling because Arizona law requires county recorders to do monthly investigations on every registered voter who has failed to provide citizenship until the individual's citizenship has been confirmed or disconfirmed," AFL added.

Elon Musk responded to the AFL's announcement, warning Arizona residents that they will face disenfranchisement.

"Citizens of Arizona, this election is your last chance before you're disenfranchised," he wrote in a post on X.

What's the background?

In mid-September, Maricopa County recorder Stephen Richer announced that Arizona officials had recently discovered a decade-old "flaw" impacting every county in the state that allowed 97,000 Arizonans to register to vote without providing proof of citizenship, Blaze News previously reported.

Richer explained that since 1996, Arizona has required driver's license applicants to provide proof of citizenship, and since 2004, the state has required proof of citizenship to vote a full ballot — both federal and local.

He noted that the "vast majority" of voter applicants have provided proof of citizenship since 2004.

"Unfortunately, the way the system was designed allowed for one group of voters through the cracks," Richer remarked.

That group included Arizona residents who obtained a driver's license before 1996 and, therefore, did not submit proof of citizenship and later requested a renewal or replacement license.

"If a driver received a license prior to 1996, he did not have a documented proof of citizenship on file. But then, if he got a duplicate license (e.g. in the case of losing a license), the issuance date would be updated in the statewide voter registration's interface with MVD," Richer stated.

"Then, if that person went to register, when the counties went to confirm if the person has documented proof of citizenship, the interface between the statewide voter registration system and MVD would yield a date after 1996 and therefore say that the voter had documented proof of citizenship on file with the MVD," he added. "This flaw has existed since 2004. In every county. Across the state."

Richer filed a lawsuit against the Secretary of State's Office to determine whether the impacted individuals should be allowed to vote in the upcoming local elections.

"It is my position that these registrants have not satisfied Arizona's documented proof of citizenship law," he wrote on X, "and therefore can only vote a 'FED ONLY' ballot."

"The Secretary argues that it is too close to the election to implement such a change and that it would be unduly burdensome on voters and deprive them of their voting rights," he continued. "That is why we are going to the courts. To get a clear answer."

On September 20, the Arizona Supreme Court unanimously decided to allow the impacted residents to vote a full ballot, Blaze News previously reported.

However, as the days passed, the Secretary of State's Office discovered additional registered voters without proof of citizenship who had slipped through the cracks.

On September 30, the Secretary of State's Office issued a press release stating that the previously reported 97,000 impacted voters was closer to approximately 218,000. It noted that the court's decision still stands.

"This data set includes approximately 79,000 Republicans, 61,000 Democrats, and 76,000 Other Party (OTH), bringing the total of impacted individuals to approximately 218,000," the office said.

The Secretary of State's Office did not respond to a request for comment from Blaze News.

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