Proof of citizenship snafu could bar nearly 100K Arizonans from voting in non-federal races
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Nearly 100,000 Arizonans who registered to vote over the past 20 years were mistakenly considered to have provided proof of citizenship due to a quirk in the Motor Vehicle Department's system.
Why it matters: Arizona voters who can't provide proof of citizenship are only permitted to vote in federal races under a system created by a 2013 U.S. Supreme Court ruling.
- There are currently more than 41,000 "federal-only" voters on the books.
The big picture: Arizona voters in 2004 approved a law requiring people to show proof of citizenship to register to vote.
- Because the MVD began requiring proof of citizenship for driver's licenses in October 1996, election officials accepted those licenses as proof for voter registration purposes.
- Non-citizens receive a different type of driver's license that can't be used as proof of citizenship.
- People who registered to vote before the law went into effect in January 2005 were exempted from the new requirement.
Yes, but: Due to an error in the MVD system, people with pre-1996 licenses who received replacements that showed post-1996 dates were mistakenly able to use them as proof of citizenship, Votebeat first reported Tuesday.
- About 98,000 of those people are still registered to vote statewide, with nearly 88,000 listed as active voters.
- The Maricopa County Recorder's Office informed the Secretary of State's Office of the issue on Sept. 6 after discovering someone who hadn't provided proof of citizenship was registered as a full-ballot voter.
- That person turned out to be a non-citizen who has never voted.
Driving the news: Maricopa County Recorder Stephen Richer, a Republican, announced on X Tuesday that he believes those voters should only be permitted to vote in federal races.
- Most of those voters are likely U.S. citizens, he said, but they haven't met Arizona's proof-of-citizenship requirement.
- Secretary of State Adrian Fontes, a Democrat, says he believes those voters should be able to cast full ballots in November's election.
What to watch: Richer filed a petition with the Arizona Supreme Court on Tuesday asking that the 98,000 be permitted to cast federal-only ballots.
- Fontes characterized it as friendly litigation intended to sort out the issue in court.
Context: Saturday is the deadline for Arizona counties to mail ballots to military and overseas voters, and early voting begins Oct. 9.
- If the affected voters are required to cast federal-only ballots, Fontes said at a press conference Tuesday, they'll be able to show proof of citizenship to vote a full ballot any time through 7pm on Election Day.
- Election officials will notify anyone who's being switched to federal-only status, but Fontes said that won't happen until the the Arizona Supreme Court decides the case.
The intrigue: The group of 98,000 voters has more Republicans than Democrats or independents, according to the Secretary of State's Office.
- If they're only permitted to vote in federal races, they'll still be able to cast ballots in Arizona's closely watched races for president and U.S. Senate, but not for the Legislature, ballot propositions, or county and local races.
What they're saying: Arizona Republican Party chair Gina Swoboda told Axios the 98,000 voters should be allowed to cast full ballots because the change would be too close to the election.
- She added there isn't enough time for many voters to provide proof of citizenship.
- Swoboda also noted we're within the 90-day window before the election in which federal law prohibits states from removing ineligible voters from their lists.
Meanwhile, Democratic Gov. Kate Hobbs announced that her administration fixed the MVD glitch after Richer brought it to her attention.
