Grand Canyon Times

The Arizona Free Enterprise Club (AFEC) along with prominent state Republicans have filed a lawsuit against Secretary of State Adrian Fontes for allegedly violating the National Voter Registration Act (NVRA) by "highlighting implausibly high voter registration rates,” according to a policy director for AFEC. 

Greg Blackie, Deputy Director of Policy for AFEC, pointed to inflated registered voter numbers under Fontes, prompting the call for him to properly "maintain" the records by removing ineligible voters. Failing to maintain accurate and updated voter rolls is a violation of the NVRA. 

“Last year, we sent a prelitigation NVRA notice to Secretary Fontes highlighting implausibly high voter registration rates,” Blackie told Grand Canyon Times. 

The President of AFEC, Scot Mussi, filed a lawsuit in the U.S. District Court for the District of Arizona, alleging the State's failure to comply with the NVRA by not removing ineligible voters from the rolls. 

Blackie said the lawsuit came nearly a year after the group warned Fontes of the problems.

“It has been 10 months, and the data still shows four counties with more registered voters than residents of voting age population and the remaining eleven with rates far higher than the national average," he said. "Because Fontes has continued to fail to comply with the NVRA’s mandate to maintain up-to-date and accurate voter rolls, and has reported to the legislature that many of his list maintenance processes are still ‘in development,’ we filed this complaint to make sure he does his job and removes ineligible voters.” 

The NVRA mandates that states conduct regular efforts to remove ineligible voters, such as those who have died or moved out of state, to ensure the accuracy and integrity of voter registration lists. 

The lawsuit contends that Fontes and the State of Arizona have run afoul of the NVRA, as evidenced by the several Arizona counties that have more registered voters than eligible citizens. The lawsuit is seeking to compel Fontes to enforce NVRA obligations and clean up the state's voter rolls. 

According to Blackie, Arizona's statewide voter registration rate stands at 91%, significantly above the national average of 69.1%, raising concerns about the thoroughness of voter roll maintenance. 

“The most recent voter registration data from the state compared with the latest US Census data on Citizen Voting Age Population (CVAP) shows that four counties (Apache, La Paz, Navajo, and Santa Cruz) have more registered voters than residents who are of voting age population, and the remaining eleven far exceed the national average registration rate of 69.1% while the statewide rate in Arizona is 91%,” Blackie said.  

“The NVRA was enacted to increase voter registration of eligible voters and ‘to protect the integrity of the electoral process and ensure that accurate and current voter registration rolls are maintained,’” he said. 

This requirement ensures consistent and accurate voter registration records throughout the state.

Plaintiffs on the lawsuit also include the Chair of the Republican Party of Arizona, Gina Swoboda, and Steven Gaynor, both arguing that Fontes has neglected mandatory list maintenance duties. 

“Instead of establishing an efficient and uniform voter file maintenance program across Arizona, the Secretary—when providing information regarding its list maintenance programs to the state legislature—has responded that its program ‘is in development,’ meaning that the general maintenance program required of states by the NVRA does not currently exist in Arizona,” the lawsuit reads.  

The Arizona Free Enterprise Club, noted as a prominent voice in shaping Arizona's political landscape, was founded in 2005. It champions a pro-growth, limited government agenda within the state. 

The club has been instrumental in driving policy and legal victories, including advocating for tax reductions, bolstering school choice initiatives, enacting election integrity reforms and defending property rights and free speech.