Arizona's Voter Registration Controversy: The Fallout from the SoS's Failed Appeal on Citizenship Proof for 218,000 Individuals

Published on 4 November 2024 at 22:09


In a significant victory for election integrity, Arizona's Democratic Secretary of State Adrian Fontes has lost an appeal regarding the release of a list containing hundreds of thousands of voters who registered without verifying their U.S. citizenship, just one day before Americans head to the polls.


Secretary Fontes didn't want to produce the list of 218,000 and appealed to the Court of Appeals.

His appeal was just REJECTED.



The decision arises from an appeal regarding the Arizona Supreme Court ruling issued on Thursday, which mandated the state Secretary of State's office to disclose the list.


  The Arizona Supreme Court delivered a significant setback to Secretary of State Adrian Fontes, favoring the America First Legal Foundation and the Strong Communities Foundation of Arizona, also referred to as “EZAZ.org.” In a ruling issued on Thursday, the court mandated that Fontes’ office must promptly release a comprehensive list of approximately 218,000 individuals who registered to vote in Arizona without the necessary proof of citizenship, as previously reported by AZ Free News.

 This decision effectively undermined Fontes’ argument against EZAZ.org’s request for transparency. He contended that the organization’s intentions were not aligned with the principles of public records laws, but rather aimed at intimidating voters during an election period, a stance that had already been upheld by Arizona’s highest court in favor of protecting voter rights.


  The court's decision to reject the appeal from the Secretary of State's office was influenced by multiple factors, notably the witness testimony, which the court deemed speculative and lacking empirical support from research conducted in the Copper State.


The court determined that Professor Robert Pape, a Political Science Professor at the University of Chicago, provided testimony indicating, alongside Fontes, that sharing the list of 218,000 voters with EZAZ.org could subject those individuals to potential harassment and violence. However, the court noted that his analysis primarily addressed national trends in political violence and did not specifically examine such trends within Arizona.


  The court determined that Pape's credibility regarding a potential threat of political violence linked to the release of the list was insufficient, noting that his research and testimony appeared to be heavily influenced by "gratuitous political bias," primarily concerning former president Donald Trump. Additionally, the ruling emphasized that EZAZ.org "does not endorse violent or harassing conduct and meticulously evaluates its members."


  The reliability of Professor Pape's testimony and report was significantly undermined by what seemed to be an unwarranted political bias evident in both his written work and oral statements. His assessments of political violence predominantly centered on accusations of past and expected future violence from a single political faction, specifically concerning former President Donald Trump.

  The ruling states that there was a failure to pinpoint any concrete threats of violence or harassment from EZAZ.org. Furthermore, Ms. Hamilton's unchallenged testimony confirmed that EZAZ.org does not support violent or harassing conduct and meticulously vets its members and volunteers to exclude individuals who endorse or engage in such actions.


Many long-standing voters have been identified and initially faced obstacles that prevented them from casting their ballots.


  The ruling issued on Monday will contribute to ensuring that Arizona's election is conducted fairly and freely. This decision allows the Legislature to exercise appropriate oversight over the electoral process.


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