Court rules nearly 98000 Arizonans can vote the full ballot

Top Stories & Analysis

The Arizona Supreme Court unanimously ruled Friday that nearly 98,000 people whose citizenship documents hadn’t been confirmed can vote in state and local races, a significant decision that could influence ballot measures and tight legislative races.

The court’s decision comes after officials uncovered a database error that for two decades mistakenly designated the voters as having access to the full ballot. The voters already were entitled to cast ballots in federal races, including for president and Congress, regardless of how the court ruled.

Secretary of State Adrian Fontes, a Democrat, and Stephen Richer, the Republican Maricopa County recorder, had disagreed on what status the voters should hold. Richer asked the high court to weigh in, saying Fontes ignored state law by advising county officials to let affected voters cast full ballots.

Fontes said not allowing the voters who believed they had satisfied voting requirements access to the full ballot would raise equal protection and due process concerns.

The high court, which leans Republican, agreed with Fontes. It said county officials lack the authority to change the voters’ statuses because those voters registered long ago and had attested under the penalty of law that they are citizens. The justices also said the voters were not at fault for the database error and also mentioned the little time that’s left before the Nov. 5 general election.

“We are unwilling on these facts to disenfranchise voters en masse from participating in state contests,” Chief Justice Ann Scott Timmer wrote in the ruling.

Of the nearly 98,000 affected voters, most of them reside in Maricopa County, which is home to Phoenix, and are longtime state residents who range in age from 45 to 60. About 37% of them are registered Republicans, about 27% are registered Democrats and the rest are independents or affiliated with minor parties.

Arizona is unique among states in that it requires voters to prove their citizenship to participate in local and state races. Voters can demonstrate citizenship by providing a driver’s license or tribal ID number, or they can attach a copy of a birth certificate, passport or naturalization documents.

Arizona considers drivers’ licenses issued after October 1996 to be valid proof of citizenship. However, a system coding error marked nearly 98,000 voters who obtained licenses before 1996 — roughly 2.5% of all registered voters — as full-ballot voters, state officials said.

Related listings

New York Commercial Litigation Law Firm - Woods Lonergan PLLC

Founded in 1993 by Managing Partner James F. Woods, Woods Lonergan PLLC has built a strong reputation as a resourceful and industrious firm that provides clients with clear, concise, and straightforward answers to their most challenging legal issues. Partner Lawrence R. Lonergan, who joined the firm in 2008, has been a friend and colleague to Mr. Woods for over 40 years and shares the same business philosophy. Woods Lonergan PLLC’s collective experience and expertise enables the firm to expeditiously and effectively analyze the increasing challenges clients face in an evolving business and legal world, in many instances, avoiding unnecessary time and expense to our clients. Our mission is simple: provide cutting-edge expertise and sound advice in select areas of the law for corporate and business clients. We thrive on providing each client with personalized attention, forceful representation, and a collaborative team effort that embraces collective knowledge.