The Arizona Superior Court ruled in favor of America First Legal (AFL) Thursday in its lawsuit against Arizona Secretary of State Adrian Fontes, ordering him to provide a list of individuals registered to vote without proof of citizenship, as required by law. The court order affects approximately 218,000 voters.
The issue began in September when Secretary Fontes disclosed that a long-standing computer glitch had permitted 218,000 people to register without the required citizenship proof.
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Earlier this month, AFL filed the lawsuit on behalf of the Strong Communities Foundation of Arizona (EZAZ.org) to obtain the list. Under Arizona’s Public Records Law, the Secretary of State is obligated to release such information when requested, but Fontes initially declined, prompting AFL to sue.
The court’s ruling requires Secretary Fontes to deliver the list by Monday, November 4, 2024, just one day before the U.S. presidential election. Upon receiving the list, EZAZ.org plans to distribute it to county recorders across Arizona to ensure citizenship verification for all registered voters, as mandated by Arizona law.
Secretary Fontes testified that his office currently possesses a partial list of 98,000 individuals, citing delays from the Arizona Motor Vehicles Division in providing a complete list.
However, the court noted inconsistencies in Fontes’ testimony, indicating a lack of detailed knowledge about the records and the office’s efforts to address the issue. The court has mandated that Fontes release the 98,000 records currently available, along with any identifying information on the 218,000 affected individuals.
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“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. 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. This suit was about restoring transparency and ensuring that county recorders can do their jobs by verifying the citizenship of voters. 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,” said James Rogers, AFL Senior Counsel.
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