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Audit on Arizona's voter data coding problem released

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Audit on Arizona's voter data coding problem released


A review of how some noncitizens were allowed to register to vote in Arizona confirms an ABC15 Investigators report that uncovered incompatibilities between state laws for obtaining driver licenses and registering to vote.

Arizona is the only state in the nation to require proof of citizenship to register to vote. About 218,000 voters may not have provided proof due to systemic database issues stretching back 20 years. The problems became public in September, shortly before the 2024 election.

Gov. Katie Hobbs on Friday released a bipartisan audit she ordered in the fall after the issues came to light. It recommends closer coordination between the Motor Vehicle Division, which issues driver licenses, and the Secretary of State’s Office, which maintains voter rolls, as well as county recorders.

“Finding regular time to share information and build relationships between the MVD and election officials will help eliminate issues in the future,” the report states.

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The MVD and voter roll systems have been reprogrammed, but the audit also notes that state law could still allow some U.S. nationals who are not citizens to register to vote. Arizona law accepts passports as proof of citizenship, but passports are issued to some people who are not citizens, such as U.S. nationals from American Samoa and Swains Island.

The MVD does not know how many people this could affect but believes the number is very small, according to the audit.

Audit cites ABC15 reporting from 2016 on noncitizen who registered to vote

The audit details how the problems affecting Arizona’s voter rolls persisted for decades and confirms ABC15 reporting that the database issues could have been identified and fixed years ago.

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In September, then-Maricopa County Recorder Stephen Richer and Secretary of State Adrian Fontes announced they had found a data coding error in Arizona’s driver’s license database that allowed at least one non-citizen to register to vote.

Initial estimates found the data errors affected about 218,000 people, 5% of all Arizona voters, who may not have provided documentary proof of citizenship to register as required by Proposition 200, which became law in 2004. These voters were initially issued a driver’s license prior to 1996, before state law required proof of citizenship for licenses.

In October 2016, ABC15 reported on how a non-citizen was able to register to vote in Maricopa County. At the time, Alan Faygenblat described his actions as an attempt to see “if the system really worked” in preventing voter fraud.

“I didn’t want to get in trouble,” he told ABC15 then.

Faygenblat was criminally charged with false voter registration and pleaded guilty in 2017.

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According to court records, Faygenblat was an Israeli citizen who was legally in the United States, but he falsely checked a box saying he was a citizen on the Service Arizona website. He received a voter registration card in the mail.

The Maricopa County Recorder’s Office in 2016 described his registration as a loophole.

“Any person who got a driver’s license after 1996 had to prove citizenship to the MVD. (The individual) had gotten a driver’s license in 1994 so he did not need to prove citizenship. However, for some reason after 1996, he had to get a new license reissued to him and he was never scanned for citizenship at that point,” a recorder’s spokesperson had told ABC15.

Then-Recorder Helen Purcell dismissed the idea this could lead to widespread fraud.

“I think we check it thoroughly enough that’s not the case,” she told ABC15.

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Neither the secretary of state nor other election officials asked for changes after the ABC15 story, the audit says.

The same loophole was again discovered in 2024 – eight years later – with a new noncitizen who registered to vote in Maricopa County.

According to an internal report from December, Secretary of State’s Office staffers also discovered the miscoding in two separate instances in 2017 and 2020.

Hobbs, who was secretary of state in 2020, sent current Secretary of State Adrian Fontes a letter critical of that report’s findings, saying the review appeared to be focused on finding someone to blame.

The governor in her letter indicated that the Maricopa County Recorder’s Office, which Fontes headed in 2020, had been made aware of the incident.

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The voters affected by the miscoding were allowed to cast a full ballot in November. But county recorders still need to contact those voters for proper documentation of citizenship before the next election.

State and county elections officials also need to decide what to do about a list of approximately 7,000 voters who have an inactive MVD record, according to the governor-ordered audit.





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Here’s what Arizona law says about pedestrians’ right of way

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Here’s what Arizona law says about pedestrians’ right of way


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  • The Arizona Republic sampled expertise on pedestrian right of way from those who know the rules best: law enforcement.
  • Unless there is a pedestrian tunnel or overhead pedestrian crossing, motorists must yield the right of way to a pedestrian on a crosswalk, according to Arizona state law, A.R.S. 28-792.
  • A pedestrian cannot “leave any curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible for the driver to yield,” the law states.

Arizonans may think pedestrians always having the right of way is a given. 

State law, however, does not quite reach that conclusion.

When pedestrians have the right of way varies based on the situation. And there is a lot to take into account. 

Making matters more concerning, data from the Arizona Department of Transportation shows that in 2024 there were 2,079 pedestrians involved in traffic crashes in the state. Of these, 263 were killed.

The Arizona Republic sampled expertise on pedestrian right of way from those who know the rules best: law enforcement. 

Here is what you should know about the laws regarding pedestrian right of way in Arizona.

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What Arizona law says about pedestrians’ right of way in a crosswalk

Unless there is a pedestrian tunnel or overhead pedestrian crossing, motorists must yield the right of way to a pedestrian on a crosswalk, according to Arizona state law, A.R.S. 28-792. Pedestrians also have right of way when a pedestrian is on half of the roadway that the vehicle is traveling or when approaching a vehicle so closely from the opposite half of the road that they are in danger, the law says.

Additionally, the law directs drivers to not try and pass a vehicle stopped for a pedestrian at a marked crosswalk or at an unmarked crosswalk at an intersection.

Are there exceptions to when a pedestrian has a right of way in Arizona?

A pedestrian cannot “leave any curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible for the driver to yield,” the law states.

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What law enforcement says about pedestrians’ right of way in Arizona

Phoenix police spokesperson Sgt. Brian Bower explained that a pedestrian crossing a crosswalk with signage indicating not to cross would be a fault in a crash. Pedestrians cannot cross the street on an angle, but must cross in a straight path, Bower added.

“The pedestrians have to ensure that there is safe distance and it’s safe to cross over,” Bower said. “It’s still up to the drivers that if there’s somebody in the street, they have to still slow down or stop for that individual.” 

Marked crosswalks typically have white lines painted on them, he noted, adding, there are also the ones with traffic signals at major intersections.  

Bower also pointed to the High Intensity Activated CrossWalK (HAWK) crosswalks found in Phoenix, which are activated by a pedestrian pushing a button and a sequence of yellow, red and flashing red lights for motorists to yield.

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Some tips for drivers regarding pedestrians’ right of way

Mesa police spokesperson Detective Jessie Macias advised that pedestrians make eye contact with approaching drivers.

“Try to be seen,” Macias said. “You want to do it in each lane.”

Macias also urged drivers approaching a green light where some vehicles appear to have slowed down or have come to a complete stop to double check whether there is a pedestrian still crossing. 



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Cardinals WR Joins Patriots for Playoff Push

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Cardinals WR Joins Patriots for Playoff Push


ARIZONA — Former Arizona Cardinals WR Trent Sherfield Sr. is joining the New England Patriots’ practice squad ahead of their Divisional Round tilt against the Houston Texans.

Sherfield was one of eight Cardinals players that had his contract expire yesterday, effectively making him a free agent. It didn’t take him long to find a new home.

Sherfield played a total of 12 regular season games between the Cardinals and Broncos this year. He signed to Arizona’s practice squad later in the year after a plethora of injuries plagued the Cardinals’ wide receiver room.

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For the Cardinals specifically, he had just one target thrown his way through the two games he played after landing in Arizona back in November.

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It was initially a homecoming for Sherfield, who began his career with Arizona as an undrafted free agent back in 2018.

“Coming here was a blessing in a lot of different ways,” said Sherfield (h/t AZCardinals.com). “I needed to be here … It’ll be surreal to be back out there.”

Now, Sherfield is a depth piece for one of the league’s hottest teams in New England, who could very well make a push to the Super Bowl if they play to their strengths.

As for the Cardinals, they’re in the midst of a coaching search yet again after Jonathan Gannon was sent packing after three years of service.

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“I know our fans are frustrated. I am more frustrated. I know Monti is more frustrated. And so is JG and every one of those coaches and players. We all expected more. But when I look at it, some of the changes that were made with other teams just a year or two years ago, those teams with new coaches from a year or two ago are now in the playoffs, playing this weekend,” Cardinals owner Michael Bidwill said.

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“I know we can turn it around, and I’m looking forward to getting going with this search because it’s going to be a great opportunity for us to be that next story where we flip it around.

“We want to win. This was a decision that was based solely off winning. When I look at what other teams have done, and frankly, historically, we’ve done a quick turnaround in our not too distant past, I am looking forward to that, and I hope it’s going to be in the first year, not in the second year,” he said.

“But we’re confident that our search is going to be thorough, it’s going to be broad, and we’re going to select the right coach.”

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Arizona will regulate groundwater where Saudi company grows alfalfa

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Arizona will regulate groundwater where Saudi company grows alfalfa


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  • Arizona is creating a new active management area in the Ranegras groundwater basin to more tightly monitor water use.
  • The new rules require annual water use reports and conservation goals for high-capacity wells.
  • Saudi-owned Fondomonte and other large farms will face new reporting requirements and conservation goals.

Farmers, municipalities and industry in southeastern La Paz County, where Saudi-owned Fondomonte grows alfalfa for export, will face new requirements on groundwater use and reporting.

The Arizona Department of Water Resources designated an active management area in the Ranegras groundwater basin on Jan. 9, the agency said. With it, the area will become the eighth AMA in the state and the second one initiated by state mandate during Gov. Katie Hobbs’ administration. Hobbs also announced the designation in her Jan. 12 State of the State address.

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The agency held an informational public meeting in Salome in October, and a formal hearing in December, ahead of its final decision. From the 400 oral and written comments it received from the public, the “vast majority” supported the AMA, the agency wrote in a press release.

“The future of residents and businesses depends upon protecting the finite groundwater resources,” Director Tom Buschatzke said in a statement.

According to the agency, agricultural water use in Ranegras is estimated at nearly 40,000 acre-feet a year; recharge, or what is returned to the aquifer, is an estimated 2,000 acre-feet per year. There are no exact numbers because, until now, individuals could pump unlimited amounts of groundwater without reporting how much they were using. That’s still the case in most of rural Arizona, where there are no groundwater regulations in place.

La Paz County Supervisor Holly Irwin celebrated the announcement.

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“We asked for a rural management tool that would fit our unique needs. Year after year, those pleas fell on deaf ears. Today, we’ve finally been heard,” she said in a statement. The AMA, she added, “is the decisive action we need to stop the bleeding that threatens the vitality of our community.”

County Supervisor Ducey Minor opposed the creation of an AMA at the formal hearing, saying that there is a water problem to address but the imposed regulations would stunt growth.

The AMA blocks agricultural expansion, and mandates annual water use reports and water conservation goals. Land that had not been irrigated for crop production sometime in the last five years cannot be farmed again unless owners show they’ve made a “substantial capital investment” on it.

Fondomonte, a subsidiary of Saudi-owned dairy Almarai, owns 22,873 acres of land in La Paz County, according to the assessor’s office, and will be granted “irrigation grandfathered rights” for land the company has farmed in the area in the past five years. The company hasn’t responded to numerous requests from The Republic to disclose how many acres it is actively farming in the Ranegras basin.

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Like all other water users irrigating more than two acres or using pumps with a capacity of more than 35 gallons per minute, Fondomonte will face conservation goals and report annual water use, which is not public today.

Egg producers, pistachio orchards, dairies, feedlots and other farms in Ranegras would face similar requirements. There are nearly 8,000 acres of irrigated farmland in the basin, according to state estimates.

Wells that pump 35 gallons per minute or less, like those used for home needs, are not subject to regulation under the AMA.

Arizona’s water authority said the mandatory measuring and reporting will provide “reliable water use data,” benefit all users, and improve decision-making and transparency.

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What will change?

The AMA will place restrictions on new high-capacity wells, like those used for crop irrigation, and demand annual water use reports or estimates. Anyone who wants to drill or deepen a well that pumps more than 35 gallons per minute, known as a “non-exempt well,” will have to perform a well-impact analysis, which will be subject to approval.

The AMA places no restrictions on wells pumping less than 35 gallons per minute, also called “exempt” wells.

Farmers using wells that irrigate more than two acres of land or pump more than 35 gallons per minute will have to measure how much water they are extracting. The conservation goals and management plan for the area, to be determined, would be designed to mitigate or slow down groundwater depletion. There would be a different conservation plan for agriculture, municipalities and industry.

A groundwater users advisory council, or GUAC, made up of five volunteer members who represent water users in the basin, will provide input to the state agency prior to adoption of the management plans. Those members are appointed by the governor. Anyone can submit their candidacy.

The Department said in the announcement it will send additional information to stakeholders and residents of the basin over the coming weeks.

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Fondomonte is in an ongoing lawsuit with the Arizona Attorney General’s office.

“Regardless of whether an AMA is imposed in the Ranegras Plain, which I support, my office is moving forward with our public nuisance lawsuit against Fondomonte,” Attorney General Kris Mayes said at a meeting in Cochise County on Jan. 8, where she announced a settlement with Riverview LLP, a Minnesota-owned dairy that owns 58,562 acres in the Douglas and Willcox AMAs.

Managing groundwater depletion and protecting rural water users takes a mix of tools, she added.

“(An AMA) does not address the damage already done.”

Clara Migoya covers agriculture and water issues for The Arizona Republic and azcentral. Send tips or questions to clara.migoya@arizonarepublic.com.

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