Fontes to Justice Departments Request for Arizonan Voting Records: “NO WAY”

Ed. MDB: Just quick note here, in case you missed it, you can watch our fellow blogger Larry Bodine’s recent interview with Sec. Fontes on YouTube:

In an office press release, Arizona Secretary of State Adrian Fontes refused a Justice Department request for the Grand Canyon State to turn over vital personal data regarding the 48th states registered voters, saying the solicitation “raise serious legal and constitutional concerns.”

Please read the full press release below.

“As Arizona’s Chief Election Officer, I am fully committed to upholding both state and federal election law, safeguarding the rights of all eligible voters, and ensuring public confidence in the administration of our elections.

In response to recent inquiries from the U.S. Department of Justice regarding Arizona’s voter list maintenance procedures and requests for access to our full statewide voter registration database, I want to reaffirm Arizona’s longstanding commitment to transparency, integrity, and lawful election practices.

Arizona’s County Recorders are responsible for voter registration and maintaining the accuracy of our voter rolls, as outlined in Arizona law and the National Voter Registration Act (NVRA). These procedures are further detailed in Arizona’s Elections Procedures Manual (EPM), which is binding on all election officials statewide.

Arizona employs a robust, data-driven approach to voter list maintenance to ensure that only eligible voters remain on the rolls. These procedures include the use of confirmation mailings, responses to undeliverable election mail, reports from the Electronic Registration Information Center (ERIC), and official notifications from other states and federal agencies. Voter registration records are updated when individuals move, are convicted of disqualifying felonies, are declared mentally incompetent, or pass away.

These efforts are not only essential for election integrity—they also help ensure that election mailings are sent to valid, up-to-date addresses, minimizing waste of taxpayer dollars and significantly reducing the confusion and mistrust that can result from voters receiving mail for individuals who no longer reside at an address or are deceased.

To enhance these efforts, Arizona participates in the Electronic Registration Information Center (ERIC) and the federal SAVE program, which allow for the secure exchange of registration and citizenship data across states and federal systems. These tools help us identify duplicate registrations, deceased individuals, and changes in residency, ensuring Arizona’s voter rolls remain accurate and current.

Importantly, Arizona law requires documentary proof of U.S. citizenship at the time of voter registration, adding another layer of protection against ineligible registrations.

However, recent demands by the Department of Justice to turn over the entire electronic copy of Arizona’s voter registration database—containing sensitive personal information such as driver’s license numbers, Social Security numbers, and full birth dates—raise serious legal and constitutional concerns. Arizona law strictly prohibits the disclosure of this information, and releasing it would subject state officials to felony liability. These protections exist for a reason: to defend voters’ privacy and prevent misuse of their personal data.

Further, it has yet to clearly explain how this authority preempts Arizona’s privacy protections or complies with the federal Privacy Act of 1974. Any federal agency collecting data on voters—particularly data connected to how individuals exercise their First Amendment rights—must follow federal law, including disclosing how that data will be used, maintained, and protected.

Arizona voters deserve to participate in elections without fear that their personal information will be collected and stored in federal systems without proper legal safeguards or transparency.

To be clear, Arizona already uses best-in-class tools and well-established legal procedures to ensure the accuracy, integrity, and efficiency of its voter registration system. Our commitment to secure, lawful, and transparent elections is unwavering.

As we continue to review and respond to federal inquiries, my office remains focused on one priority: protecting the rights and privacy of Arizona’s voters, and preserving the integrity of our democratic process.”