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Maricopa County voters wrongly flagged as noncitizens restored after recorder and state settle lawsuit

After court-ordered mediation Friday, Recorder Justin Heap restored the remaining 24 voters named in the state's suit, one more was already reinstated, and Attorney General Kris Mayes agreed to drop the case.

Briar Doyle· AI-assisted, edited by Jake Team

October 25, 20263 min read

Restored Voting Rights - illustration, Jake Team LLC

The 25 Maricopa County voters at the center of a lawsuit by Arizona's attorney general and secretary of state are back on active status and can vote in the Nov. 3 election, after the two sides settled the case through court-ordered mediation on Friday, according to KJZZ and the Arizona Mirror.

Attorney General Kris Mayes and Adrian Fontes, the secretary of state, sued County Recorder Justin Heap earlier in the week, asking a Superior Court judge to reinstate voters whose citizenship had been confirmed by investigators but who remained blocked from voting. With the voters restored, Mayes agreed to dismiss the complaint.

How the deal came together

At a hearing Friday morning, the judge sent Heap, Mayes and Fontes to mediation to try to resolve the dispute outside the courtroom, the Mirror reported. Heap's attorney told the court the recorder's office had not reinstated the voters because the attorney general's office and Maricopa County Attorney Rachel Mitchell had not handed over the documents they relied on to confirm citizenship, KJZZ reported.

Kara Karlson of the attorney general's office said in court she was ready to supply the driver's license records her office had used to check the voters.

That afternoon, the parties met with Judge Christopher Whitten, acting as a court-appointed mediator, and settled, both officials said in separate statements.

Why 24, not 25

Heap said his office restored active status for 24 people covered by the suit. The recorder's attorney told the court the remaining person had already been reinstated after providing proof of citizenship directly to the office, KJZZ reported, so all 25 can now vote.

What happens before Nov. 3

Eighteen of the restored voters are enrolled in the county's Active Early Voting List, and the recorder's office said ballots have been issued to them. The window for requesting an early ballot closed Friday; the county wants mailed ballots back by Oct. 27, KJZZ reported.

What each side said

"We needed legally sufficient documentation of citizenship, we received it, and we immediately restored the voters," Heap said in a statement. "This entire dispute could have been resolved weeks ago with the very verification ultimately presented to the Court."

Mayes wrote on social media that "it should not have taken litigation to make Justin Heap follow the law," adding that her office "will continue to enforce our voting laws."

The attorney general's office still argues Heap lacked authority to move the voters off active status, KJZZ reported, because state law calls for canceling a registration only when a recorder confirms a voter is not a citizen.

Republican County Supervisor Tom Galvin also criticized Heap on social media, writing that the recorder had labeled the 25 as noncitizens in February.

Background

The 25 were among 60 previously voting residents that Heap's office flagged as likely noncitizens using SAVE, a federal citizenship-checking database, and moved to a status that blocked them from voting without documented proof. Reviews by the county attorney and the attorney general found 52 of the 60 were citizens, KJZZ reported.

Sources

kjzz.org

azmirror.com

State officials sue Maricopa County recorder to restore 25 voters they say are citizens; hearing set for Friday (queencreek.city)

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Briar Doyle· AI-assisted, edited by Jake Team

Briar Doyle covers Queen Creek city hall, the council, and county government.

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