In a significant legal victory for a conservative watchdog group, an Arizona Superior Court has ordered Maricopa County to provide a list of noncitizens currently registered to vote. America First Legal (AFL), a group founded by former Trump advisor Stephen Miller, had filed a lawsuit in August seeking the release of this information under Arizona’s public records law.
The court’s decision, issued on Thursday, rejected arguments from the Arizona Secretary of State, Adrian Fontes, and a political science professor who claimed releasing the list could lead to violence and harassment. The court found that their concerns were based on speculation and lacked specific evidence.
The lawsuit stemmed from concerns about potential voter fraud. AFL alleged that as of April 2024, more than 35,000 registered voters in Arizona had not provided proof of citizenship, which is required for state and local elections but not for federal elections. This creates a ‘bifurcated system’ where some voters are limited to casting ballots in federal races only.
During a hearing, Fontes acknowledged a system error that affected approximately 218,000 registered voters, but he initially claimed that no complete list of these voters existed. He later admitted to having a partial list of about 98,000 voters but said the Motor Vehicle Division had not provided him with information for the remaining voters.
The court, however, found Fontes’ testimony inconsistent and concluded that he lacked detailed familiarity with the issue and the records in his possession. The court also assigned minimal weight to the testimony of Professor Robert Pape, a political science professor from the University of Chicago, who was presented as an expert witness.
Pape’s testimony focused on national trends in political violence, lacking specific analysis related to Arizona. He acknowledged not conducting any research relevant to the state and his claim that releasing the requested information could lead to violence was deemed speculative and based on national statistics. The court found his testimony to be politically biased.
The decision comes after AFL previously gave Maricopa County one week to address the alleged noncitizens on its voter rolls. The county recorder, Stephen Richer, refused to take any action, citing concerns for voter safety and the accuracy of the list.
Fontes, the Secretary of State, told Fox News Digital that his office is considering all legal options in response to the court’s ruling. This case highlights the ongoing debate surrounding election integrity and the potential for voter fraud, a topic that has become increasingly contentious in recent years.
