Arizona Supreme Court rules that 98,000 people without confirmed citizenship docs can still vote in state races

The Arizona Supreme Court ruled Friday that nearly 98,000 people whose citizenship documents hadn’t been confirmed can vote in state and local 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.

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 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 stated in the ruling.

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.

The error between the state’s voter registration database and the Motor Vehicle Division would not have impacted the presidential race. But that number of votes could tip the scales in hotly contested races in the state Legislature, where Republicans have a slim majority in both chambers.

It also could affect ballot measures, including the constitutional right to abortion and criminalizing noncitizens for entering Arizona through Mexico at any location other than a port of entry.

In a post on the social platform X, Richer thanked the court for quickly reviewing the case and Fontes for partnering with him to address the error.