The Arizona Supreme Court ruled on Friday that nearly 98,000 voters, whose U.S. citizenship has not been confirmed due to a system error, will still be allowed to vote in the upcoming state and local elections.

BREAKING: Arizona Supreme Court rules nearly 98,000 people whose citizenship documents had not been confirmed can vote in all races.

— Leading Report (@LeadingReport) September 21, 2024

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This decision comes after a “coding oversight” in state software raised questions about the citizenship status of thousands of registered voters.

The issue stems from a database error that affected voters who obtained driver’s licenses before October 1996 and subsequently received duplicates before registering to vote after 2004.

Arizona law mandates that individuals must provide proof of citizenship to vote in state and local elections, although the requirement does not apply to federal elections.

The oversight led to nearly 100,000 voters being flagged for having incomplete documentation.

Secretary of State Adrian Fontes, a Democrat, acknowledged the error but insisted it was too late to address the issue before the November elections.

Despite the error, Fontes stated that the affected voters would still receive ballots, citing potential legal concerns if they were prohibited from voting in elections for which they might otherwise qualify.

He argued that preventing them from voting could lead to violations of equal protection and due process under the law.

“This was discovered not because somebody was voting illegally and not because somebody was attempting to vote illegally, as far as we can tell,” Fontes said at a news conference. “This was basic voter roll maintenance, and it showed us that there is this issue.”

The case was brought to the Arizona Supreme Court after Maricopa County Recorder Stephen Richer, a Republican, filed a special action requesting the court to clarify the status of the affected voters.

Richer argued that these individuals had not met Arizona’s requirement to provide documented proof of citizenship and, therefore, should only be eligible to vote in federal elections.

“It is my position that these registrants have not satisfied Arizona’s documented proof of citizenship law, and therefore can only vote a ‘FED ONLY’ ballot,” Richer stated on X (formerly Twitter).

However, the state Supreme Court sided with Fontes, with Chief Justice Ann Scott Timmer writing in the ruling that disenfranchising such a large group of voters based on the coding error would not be appropriate, especially so close to the election.

“We are unwilling on these facts to disenfranchise voters en masse from participating in state contests,” Timmer stated, according to the Associated Press.

Richer, on the other hand, expressed gratitude that the court had reviewed the matter and issued a prompt ruling, though he had initially pushed for a stricter interpretation of the law.

AZ Supreme Court ruled for defendant (Fontes). The 100k registrants will continue to vote a full ballot this election.

Thank God.

Thank you Arizona Supreme Court for your extremely quick and professional review of this matter.

Thank you @Adrian_Fontes, @AZSecretary for…

— Stephen Richer—MaricopaCountyRecorder (prsnl acct) (@stephen_richer) September 21, 2024

Arizona’s proof of citizenship law is one of the strictest in the country and has been at the center of ongoing debates about election integrity.

Under the law, voters are required to provide documentation proving their citizenship to participate in state and local elections.

Federal law, however, does not impose the same requirement for voting in federal elections, leading to a distinction between state-only and federal-only ballots.

The coding error was discovered earlier this week during routine voter roll maintenance.

Fontes assured the public that the issue was not the result of any illegal voting activity but rather a technical glitch that had gone unnoticed for years.

He also stated that steps were being taken to fix the error moving forward.

“This is an issue that we’ve identified, and we’re working to correct it,” Fontes said.

Governor Katie Hobbs, a Democrat, also weighed in on the matter, acknowledging the mistake and emphasizing that the problem was being addressed. “This issue is being fixed, and we are working to ensure that every eligible voter can participate in the upcoming election,” Hobbs said.

The ruling comes as Arizona remains a battleground state, particularly in the wake of the 2020 election, where the state flipped blue for the first time in decades.

Republicans and conservative groups have been pushing for stricter voter ID laws, including proof of citizenship requirements, as part of broader efforts to enhance election security.

VICTORY! The courts ruled in our favor — the 97,000 Arizona voters stay on the rolls!

This is a HUGE WIN for election integrity and protecting your right to vote!

The @AZGOP fought back, and we won!

— Republican Party of Arizona (@AZGOP) September 21, 2024

Arizona Republicans and the conservative watchdog group that has been advocating for these measures have expressed concerns that the current system leaves room for potential fraud.

Despite the court’s ruling, the controversy surrounding Arizona’s election laws is far from over. A separate trial is set to take place on October 1 over recent rule changes made by the State Election Board.

The trial will address the legality of certain measures, including a “reasonable inquiry rule” that mandates election officials ensure all vote tabulations and canvassing are complete and accurate before certifying election results.

The lawsuit, brought by the Democratic National Committee and other groups, argues that the changes could create delays in certifying election results.

As the November elections approach, the decision to allow these nearly 98,000 unverified voters to participate in state and local elections is likely to spark further debate over election integrity in Arizona.

The state has become a focal point in the national conversation about voting rights and election security, with both Democrats and Republicans gearing up for a contentious 2024 election cycle.

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