Motion To Stay Threatens To Disenfranchise Voters

PHOENIX - Today, Arizona legislative leaders submitted a motion to stay the recent Mi Familia Vota II litigation ruling by Superior Court Judge Susan R. Bolton in a case that challenges a 2022 statute that restricts federal-only voters from voting for President and voting early by mail.

Arizona Secretary of State Adrian Fontes opposed the motion to stay the court’s ruling pending an appeal to the 9th Circuit, because delay in implementing Judge Bolton’s order would prevent a segment of voters from exercising their Constitutional right to vote starting this election cycle.

“It shouldn’t be a surprise to anyone that this is a red herring,” Fontes said. “There is no evidence of fraud and undocumented voting. The 2024 election is weeks away and acting now to restrict the voting rights of a large group of Arizona’s voters is anti-democratic – making it harder to vote and confusing for these valid voters who signed an affidavit that they are citizens under the penalty of perjury.”

In addition, the Primary elections is July 30 and election officials would have to dramatically change administrative processes when first ballots of this election season are scheduled to be sent out within the next 3 weeks. Making such impactful changes this close to the election is confusing to voters and administratively challenging for election officials.

Arizona currently has around 35,000 federal-only voters who would be impacted, with 5,000 registered to automatically receive early ballots by mail as part of the Active Early Voter List (AEVL). Many of these voters are servicemembers, students and Native Americans who did not have their birth certificates while registering, which limits them to receiving federal-only ballots.

Any appeal process, including a potential move to the Supreme Court, is expected to take many years. This effort by the state legislature is seen as an attempt to disenfranchise voters, a stance supported by the district court's rejection of the appeal.

-30-