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America First Legal (AFL) won its lawsuit against Arizona Secretary of State Adrian Fontes (D) on Thursday over 218,000 voters who were incorrectly registered as providing proof of U.S. citizenship.
The Superior Court of Arizona in Maricopa County ruled on Thursday that Fontes must provide the list of more than 218,000 voters who did not provide proof of U.S. citizenship by Monday.
“Defendants shall release to Plaintiff no later than noon on Monday, November 4, 2024, the original list of approximately 98,000 Affected Voters as specifically identified in Richer v. Fontes,” the court order reads.
“Defendants shall release to Plaintiff no later than noon on Monday, November 4, 2024, any other datasets, compilation of information, lists, or communications from MVD containing personally identifying information (PII) about Affected Voters,” the court added.
AFL sued Fontes earlier this month, after the secretary of state’s office said that an additional 120,000 Arizona residents were found to have been placed on the state’s voter rolls as providing proof that they are U.S. citizens, despite the fact that they had not done so.
Approximately 79,000 Republicans, 61,000 Democrats, and 76,000 Other Party members have been affected.
The secretary’s announcement came two weeks after he explained that there was an error in state systems that labeled roughly 98,000 voters as having provided documented proof of U.S. citizenship when they had not done so.
Arizona is a state with the unusual situation of bifurcated elections, in which residents who provide proof of U.S. citizenship can vote in all elections while the others may vote only in federal elections, resulting in ballots cast by voters who haven’t proven their U.S. citizenship.
AFL argued in its lawsuit that the secretary of state’s office illegally withheld the list of 218,000 voters who have not provided citizenship proof. Fontes’ office rejected a public records request for the list and county recorders have also not received the list, despite state law requiring the local offices to investigate voters registered without citizenship proof.