Top Republicans side with Democrat Fontes on Arizona voter registration issue

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A glitch in the state’s voter registration system that could affect nearly 100,000 across the state will impact Republicans more than Democrats or independents.

A state law that went into effect in 2004 requires Arizona voters to provide proof of citizenship to register to vote in state and local elections, though individuals that do not provide proof can still register to vote for federal offices like president and U.S. Senate using a federal-only form.

The Maricopa County Recorder’s office recently discovered a glitch in the way the state’s drivers license database communicates with the voter registration system , which allowed 97,928 people to register as full-ballot voters even though they didn’t provide that proof.

According to the Arizona Secretary of State’s Office, Republicans make up 36,539 of the impacted voters, along with 26,878 Democrats and 31,761 voters without any party affiliation.

“They reflect the same voter registration party profile that Arizona overall has for voters 45 to 60, give or take, so the plurality is Republican,” Secretary of State Adrian Fontes said.

The list also includes 2,750 voters registered with third parties or under an “other” designation.

The discovery has thrown those voters into limbo, because election officials do not know whether they should allow the impacted voters to continue voting in all races in November or provide them a federal-only ballot that would limit them to voting in races for president, U.S. Senate and Congress.

Fontes and Maricopa County Recorder Stephen Richer are asking the Arizona Supreme Court to clear up that question.

Richer, a Republican, argues the roughly 98,000 voters should only be allowed to vote in federal elections unless they provide proof of citizenship by Election Day, citing the 2004 law.

But Fontes said it is close to the upcoming election to make major changes to the voter rolls, and he has “no reason to believe” the affected voters aren’t legally eligible to vote – even though Richer’s office initially flagged the issue while identifying a non-eligible voter affected by the glitch.

“By the way, every single one of these voters has met the minimum criteria in swearing an affirmation under penalty of perjury that they would have to do to vote in every election across the rest of the United States of America,” he said.

Fontes has found unlikely allies in the state’s top Republicans, who have spent years arguing in favor of tougher voting regulations, including the proof of citizenship law, and raising unsubstantiated concerns that large swaths of ineligible voters are casting ballots in U.S. elections.

Republican Party of Arizona Chairwoman Gina Swoboda argued the impacted voters – including the nearly 37,000 Republicans – should be allowed to vote a full ballot in the upcoming election.

She cited federal law that dictates election officials cannot make changes to the voter lists within 90 days of an election.

“And it is my position as the chair of the Republican Party of Arizona that these 98,000 people should not be stripped of their rights to vote in the legislative races, or in the county races, or in the local races, or in the school board races or on any of the propositions on our ballot. … When we don’t know whether or not they should be full ballot voters, and I don’t believe we should do this when we are 21 days from the ballots going in the mail,” Swoboda said.

Both the Republican Party of Arizona and GOP legislative leaders filed briefs with the Supreme Court asking it to let those voters cast full ballots this year.

An attorney for House Speaker Ben Toma and Senate President Warren Petersen acknowledged that a voter-approved law says those for whom there is no such evidence are not entitled to vote in state and local races. And he does not dispute the findings that such proof is missing for the individuals at issue.

But attorney Thomas Basile said the error was not the fault of any of the voters at issue. In fact, he is telling the justices that they have been "affirmatively induced by government officials to believe they were qualified, full-ballot voters.''

Under normal circumstances, Basile said, the affected voters would be provided written notice of the missing documentation, instructions for resolving it, and a postage prepaid and preaddressed envelope in which to submit it. And he said they would have 35 days to respond.

But Basile said that isn't an option here, what with early ballots starting to go out this week.

So, on behalf of Toma and Petersen, he wants the justices to rule that all of the affected voters should be issued full ballots – with all of the races at all levels – for the upcoming election.

In a press conference disclosing the issue on Tuesday, Fontes asked voters who think they may be impacted by the voter registration glitch to “stand by” and wait for the Supreme Court to weigh in on the issue.

He said if the court rules the impacted voters cannot vote in local and state elections, state and county officials will contact them to help them provide the proof of citizenship they need to re-register by Election Day on Nov. 5.

“Should the Supreme Court come down on the side that these folks should become fed-only voters, we will advise voters appropriately, and the last day and moment to present proof of citizenship will be 7 p.m. on Election Day,” he said.

Congressman Greg Stanton, a Democrat, asked the U.S. Department of Homeland Security to help election officials confirm the citizenship status of the affected voters.

“After 20 years, to now prevent these Arizonans from voting in state and local elections — through no fault of their own — would be a severe injustice,” Stanton wrote. “Assistance from DHS on this matter will allow the Arizona Secretary of State to prioritize contacting and confirming the citizenship of other impacted voters who may hold less accessible documented proofs of citizenship.”

Howard Fischer with Capitol Media Services contributed to this report.

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