Sec. Adrian Fontes v. Hon. Scott A. Blaney — Risks of Releasing Voter Information (AZ)

On Nov. 3, 2024, the States United Democracy Center, with Arizona counsel Osborn Maledon, filed an amicus brief in support of Secretary of State Adrian Fontes’s motion to stay the release of voter names affected by a Motor Vehicle Department data error. States United served as pro bono outside counsel on the brief. The brief was filed on behalf of former Maricopa County Sheriff Paul Penzone and former Tucson Police Chief Roberto Villaseñor.

In this case, Sec. Fontes challenged a lower court’s order to release the names of voters impacted by data errors. Through no fault of their own, these voters were not asked to provide documentary proof of citizenship, which is required to vote in state elections. While election officials will have to make sure these voters provide this proof for later elections, an earlier state Supreme Court order allowed them to vote in state elections in the 2024 general election. Amici curiae Penzone and Villaseñor explained that, based on their decades of experience in law enforcement in Arizona, they believe that releasing the names of these voters during the election and in the immediate post-election period could expose these individuals to threats, intimidation, and harassment. In the brief, they noted the risks posed by the release, citing evidence of social media posts directed at the affected voters.

On Nov. 2, 2024, the trial court ordered the names released, creating a pressing need for action.

The amicus brief was filed on Nov. 3, 2024. On Nov. 4, the Court of Appeals ruled that the names must be released.

• Amicus brief

• The Associated Press: Court orders Arizona to release list of voters whose citizenship hasn’t been verified
• Reuters: Judge orders Arizona to release names of voters affected by glitch
• ABC15 Arizona: Judge orders release of names of some AZ voters who haven’t provided proof of citizenship due to data error
• Arizona Daily Star: Arizona elected official ordered to release the names of disputed voters
• Arizona Mirror: Fontes loses appeal, turns over names of AZ voters affected by MVD database glitch