MCAO investigation shows 8 non-citizens voted in past elections

PHOENIX - A glitch at the Motor Vehicle Division (MVD) is officially being blamed for noncitizens casting ballots in Maricopa County, with County Attorney Rachel Mitchell releasing the first findings on who voted and how it happened.

What we know:

Mitchell's office was looking into the matter because back in March, Maricopa County Recorder Justin Heap referred 207 registered voters suspected of not being U.S. citizens. Out of those referred, 60 had voted in at least one election dating back to 2012. During the course of the investigation, Mitchell found that eight of those 60 were not U.S. citizens.

"While we only found eight noncitizen voters in this investigation, one is too many," Mitchell said.

How the MVD Glitch Occurred:

Rachel Mitchell emphasized that all eight are in the country legally. They all got their driver's licenses decades ago, before Arizona required proof of citizenship to get a license.

"During the investigation, we learned that all eight noncitizen voters received their first driver's license before October 1st, 1996," Mitchell said.

Seven of the eight were registered to vote through the Arizona MVD when they renewed their license. That is because the system only showed the renewal date, making it appear they had already proved citizenship.

"The problem was, MVD's system grandfathered in those who already had their license prior to 1996, October 1996, so they never had to provide proof of citizenship," Mitchell said. "Because of this, someone who never had to prove citizenship can appear, at least on paper, to be a US citizen."

Impact on Past Elections:

Mitchell says there was no pattern to their political affiliations, and no more than three voted in any single election.

"Though our findings today would not change the outcome of any past election, every ineligible voter dilutes the vote of a citizen, and its crucial we fix this moving forward so that there are no doubts cast on the security and the results of our elections," Mitchell said.

What they're saying:

Maricopa County Recorder Justin Heap sent the following statement:

"Today’s statement from the County Attorney is a win for the integrity of our voter rolls and an example of the process working exactly as it should. Our office takes seriously its legal responsibility to protect the integrity and accuracy of Maricopa County’s voter rolls. The potential non-citizens were flagged by the Arizona MVD database, and our office could not confirm their citizenship using the federal SAVE database or other records we have access to. In such cases we are required by law to refer those names to the Maricopa County Attorney’s Office for investigation. MCAO’s investigation confirmed that 52 of those voters are citizens and that eight non-citizens had voted. This is exactly how the system is supposed to work: potential eligibility issues are identified, thoroughly reviewed, and referred for investigation when necessary. No final action is taken until the investigation is complete. We will continue aggressively pursuing accurate voter rolls while ensuring that every eligible voter is protected."

Arizona Secretary of State, Adrian Fontes, also released the following statement:

"Today is a reminder that our election systems and safeguards are working. The claims of massive illegal voter fraud have once again been disproven."

Maricopa County Recorder, Justin Heap, released the following:

"This is exactly how the system is supposed to work: potential eligibility issues are identified, thoroughly reviewed, and referred for investigation when necessary."

What's next:

No charging decisions have been made. However, Mitchell says voting when not eligible is a felony in Arizona. 

Mitchell says her office is working on legislation and expanding the scope of the investigation.