By Howard Fischer
Capitol Media Services
PHOENIX -- Secretary of State Adrian Fontes was ordered Thursday to turn over the names he has on a list of registered voters of those who may not have provided proof of citizenship -- at least the first 98,000.
In an often strongly worded order, Maricopa County Superior Court Judge Scott Blaney said it is clear that the information sought by Stronger Communities Foundation is a public record and subject to disclosure.
Fontes did not dispute that contention. But he argued that he was entitled to withhold the information because there is an exception to the Public Records Law in cases where release would not be in the "best interests of the state.''
In fact, the secretary said he would withhold information of that "could save just one life.''
The judge was not convinced, saying there was a "lack of any evidence that any individual life was in danger.''
And Blaney also said that neither Fontes nor his office provided any evidence that Stronger Communities, which operates as EZAZ.org, has ever used information it has to harass or intimidate voters, conduct mass voter challengers, or single out voting locations to protect or harass voters.
The judge also said that Fontes provided "inconsistent testimony'' on exactly how many people are affected by what has been called a "glitch'' in the system used by the Motor Vehicle Division that resulted in questioning whether some people on the current voter rolls have not provided legally required proof of citizenship.
Still, Blaney acknowledged Fontes' concern that there may not yet be a complete list, with estimates of those affected at one point during the trial earlier this week going as high as 345,000.
So he ordered Fontes to release by noon on Monday that initial list of 98,000, which the secretary finally conceded he does have.
And, acknowledging possible threats, he forbade Stronger Communities from using the list to contact any of the affected voters until after Tuesday's election. And he also said that until Nov. 6 the organization can release that list only to county recorders, the Senate president, the speaker of the House, and members of the Elections committees of the House and Senate.