PHOENIX, Ariz. — A federal judge has mandated that Arizona Secretary of State Adrian Fontes release records pertaining to the accuracy of the state’s voter rolls. This decision came late Friday, dismissing a request from a voter education group, Citizen AG, to remove 1.2 million voters from the state’s registration list. The group argued these individuals were improperly listed, but the court found the claim too speculative to act upon at this time.
U.S. District Court Judge Steven Logan set a deadline of Dec. 2 for Fontes to comply with the order, providing an opportunity for Citizen AG to possibly substantiate its claims about inaccuracies in voter registration. The organization has expressed satisfaction with the court’s decision, which it sees as a crucial step towards ensuring the integrity of voter rolls.
Alexander Kolodin, the attorney representing Citizen AG, emphasized the significance of gaining access to the withheld records. He accused Fontes of obstructing justice by not releasing documents essential for verifying the validity of the voter registrations. Kolodin, a Republican state representative from Scottsdale, also pointed out that proving these claims has been challenging due to the lack of cooperation from Fontes, a Democrat.
However, the idea of purging 1.2 million voters was explicitly rejected by Judge Logan, who clarified his limited jurisdiction over directly altering voter registration rolls. He also highlighted the speculative nature of Citizen AG’s allegations, noting that the group had not presented sufficient independent data to support its claims.
During the court proceedings, Karen Hartman-Tellez, an assistant attorney general representing Fontes, admitted the lack of concrete evidence confirming the presence of ineligible voters on the rolls. However, she could not confidently dismiss the possibility that some registered voters may not meet residency or survival criteria.
The lawsuit centers on the process mandated by state and federal law whereby election officials must notify registered voters suspected of having moved. Those who do not respond to these notices are shifted to an “inactive” list. To reactivate their status, voters must provide identification and proof of address at a polling station; failing to vote in two successive elections results in their removal from the rolls.
Citizen AG argued that the failure to permanently remove 1.2 million Arizonans from the inactive list after the 2022 election diluted the votes of eligible voters. However, Judge Logan described the organization’s assertions as resting on too many uncertainties to establish a concrete injury, a requirement for standing to sue.
Throughout the legal discourse, the timing and pursuit of the requested records were topics of contention. Hartman-Tellez pointed out that Citizen AG delayed its request for documentation until just before the forthcoming election, whereas they could have acted much earlier.
While the order to release the voter records might shift dynamics in future electoral challenges, it remains to be seen how this will practically impact the maintenance and accuracy of the voter rolls.
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