Attorney Alexander Kolodin, who represents Citizen AG, said the ruling is still a victory.
A federal judge appointed by Barack Obama ruled that Arizona Secretary of State Adrian Fontes must release records pertaining to over 1.2 million “inactive” voters on Arizona’s voter rolls.
The decision comes amid concerns that Arizona’s voter rolls may contain numerous inactive or ineligible registrations, that would impact the accuracy of the state’s voter database.
Judge Logan served 26 years in the Marine Corps and was awarded the Bronze Star Medal while stationed in Iraq.
Barack Obama nominated Judge Logan to a seat on the United States District Court for the District of Arizona in 2013.
On Saturday, Judge Steven P. Logan ordered Secretary of State Adrian Fontes to turn over records regarding 1.2 million potentially ineligible voters listed as “inactive” on Arizona’s voter rolls.
The case was initiated by the 1789 Foundation, known as Citizen AG, a Florida nonprofit, along with Arizona resident Lindsey Graham. They filed a lawsuit arguing that Arizona’s voter rolls were not properly maintained and included up to 1.2 million inactive voters who had failed to respond to confirmation notices and did not vote in recent elections, a potential violation of the National Voter Registration Act (NVRA).
On October 4, 2024, Citizen AG submitted a formal request for records, which the Secretary of State’s office initially denied, stating that “individual counties may have the information requested.”
In response, Citizen AG argued that this denial blocked their right to inspect public records on voter list maintenance, which they claimed frustrated their organizational mission of ensuring fair elections.
Following a November 1, 2024, hearing, U.S. District Judge Steven P. Logan granted Citizen AG’s request, ordering Fontes to release the records of inactive voters. However, Judge Logan allowed Fontes until December 2, 2024, to comply.
“Even if the 1.2 million statistic is true, this Court does not have the authority to issue an injunction ordering the Secretary to strike 1.2 million voters from the rolls on the eve of the election, given the NVRA’s 90-day provision,” according to the court ruling reviewed by The Gateway Pundit.
“Neither Citizen AG nor Ms. Graham have established they have standing to bring this claim, as their arguments based on organizational standing and vote dilution are insufficient to satisfy the strictures of Article III. However, even if the Plaintiffs did have standing to bring this claim, it would once again fail on the grounds that it is, at this preliminary stage, wholly speculative,” it added.
Tucson.com reported:
Attorney Alexander Kolodin, who represents Citizen AG, said the ruling is still a victory.
He said once the records are produced — the judge gave Fontes until Dec. 2 to comply — that will give his client a chance to prove the merits of its assertion of poorly maintained voter rolls. And that, said Kolodin, could provide the basis for a future challenge to the rolls, even if that can’t occur until after next week’s election.
“We are pleased that the court ordered the records the secretary has been unlawfully withholding released so that Citizen AG will have the documents it needs to ensure that Arizona’s voter rolls are cleaned up,’’ he told Capitol Media Services.
But Kolodin, a Republican state representative from Scottsdale, also took a political swat at Fontes, a Democrat.
“It is obviously difficult to prove a claim when the secretary has been withholding just those records which reveal the depths of his incompetence and malfeasance,’’ he said.
A spokesman for Fontes would not comment on the ruling but said that the office would comply.
Read the ruling below:
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