Arizona Attorney General Sues to Restore Voting Rights of 25 Maricopa County Citizens

Arizona Attorney General Sues to Restore Voting Rights of 25 Maricopa County Citizens

Arizona Attorney General Kris Mayes and Secretary of State Adrian Fontes have asked a judge to force Maricopa County Recorder Justin Heap to reinstate the voting rights of 25 people ahead of the November 3 midterm election — the latest flashpoint in a monthslong battle over alleged noncitizen voters who investigators later determined were, in fact, U.S. citizens.

The controversy centers on some two dozen Maricopa County voters whose registrations were changed to "not eligible" after being flagged as suspected noncitizens. An investigation by Mayes's office and the Maricopa County Attorney's Office found they were American citizens all along. With Election Day now days away and early voting underway, the state is asking the court to intervene.

"Time is of the essence in this matter that involves the voting rights of twenty-five Maricopa County voters who will be denied their right to vote in the 2026 general election absent relief from this Court," Mayes wrote in Maricopa County Superior Court filings. "The Recorder has refused to voluntarily undertake his statutory duty, so must be ordered to do so."

How the Dispute Started

The 25 voters were flagged as part of a larger investigation that began in March, when Recorder Heap gave Maricopa County Attorney Rachel Mitchell more than 200 names he suspected to be noncitizens registered to vote in Maricopa County. Using the federal SAVE Database, the recorder claimed 60 noncitizens had voted illegally.

But Mitchell's investigation — conducted by a Republican county attorney — found the numbers were far smaller than Heap claimed. Eight noncitizens voted sporadically in elections from 2012 to 2025, Mitchell found, a group she described as too small to sway any election. The other 52 people identified by Heap were U.S. citizens, Mitchell said.

"We are now in a place where there is no reason to question the citizenship of 52 voters. And there certainly is no confirmation that they are not citizens – quite the contrary – they are American citizens. The law demands that they be allowed to vote," Mitchell said.

The Legal Fight: "Not Eligible" vs. the Law

Mayes and Fontes, both Democrats, allege in their court filings that Heap lacked legal authority when he changed the 25 voters' registrations to "not eligible." According to the filings, Heap did not confirm the people are not U.S. citizens before he marked them ineligible to vote.

Mitchell — again, a Republican — echoed their legal assessment. "The law does not allow for the placement of the voter in any sort of suspended category under these circumstances. Nor does it allow for the County Attorney to stand in place of the Recorder to gather proof of citizenship," Mitchell said.

Heap, for his part, argued that he had not seen documented proof of citizenship for those voters. His allies even accused Mayes of trying to bait him into committing a felony by allowing them to vote.

"Arizona's citizenship requirements cannot be replaced by political demands," Heap said in a news release. "A press conference is not proof of citizenship. Neither is a lawsuit."

Heap referred to 24 people in his statement, while the attorney general said 25 people are affected by the issue. The Republican recorder claimed that Mayes "could resolve this dispute immediately" by simply providing the evidence of citizenship she claims her office already obtained.

He also accused Mitchell of telling him to cancel the voters' registrations entirely — a claim Mitchell flatly denied. "We never advised the Recorder to cancel the registration of voters," Mitchell said.

Maricopa County: The Swing County Under a Microscope

The standoff is the latest election-administration drama in pivotal Maricopa County, one of the biggest swing counties in the nation. Home to Phoenix and more than 60% of Arizona's population, Maricopa has been at the center of election controversies since 2020, and its administration of the 2026 midterms is being watched nationally.

It has been a tense early voting period in the county, where 1.9 million voters have already been sent their mail-in ballots to decide important races for Congress, governor, attorney general and many other offices. Arizona's Senate and gubernatorial contests are among the most competitive in the country, and even small disruptions to voter rolls can have outsized consequences.

Heap has cast doubt on the speed of mail-in voting, despite claims to the contrary by the U.S. Postal Service. He is also feuding with the Maricopa County Board of Supervisors, which oversees Election Day voting and tabulation, after his office called the FBI on election workers — an extraordinary escalation between the county's own election officials.

A Pattern of Confrontation

In a text message to The Arizona Republic, GOP Supervisor Tom Galvin defended the county attorney and delivered a blistering assessment of the recorder. "Ms Mitchell has consistently displayed a fealty to the law and respect for justice," Galvin said. "Justin Heap has a voluminous record of spreading lies."

The infighting among Maricopa County's Republican elected officials is notable. Mitchell, the county attorney who debunked Heap's noncitizen-voter claims, is a Republican. Galvin, the supervisor condemning Heap, is a Republican. The dispute is not a simple partisan split — it is a fight over election administration standards, with Republican officials on both sides.

The broader context is a national debate over noncitizen voting. Claims of widespread noncitizen voting have circulated for years, but investigations — including Mitchell's own — have consistently found only tiny numbers. Her finding that just eight noncitizens voted sporadically over a 13-year period, too few to sway any election, is consistent with the pattern seen in other states' audits.

The National Picture: Election Integrity Battles Multiply

The Maricopa fight is one of several election-administration controversies erupting in the final days before the midterms. The Justice Department filed a federal lawsuit on October 22 seeking to block certification of Alaska's Senate race if the results are close, citing potential confusion between two candidates named Daniel Sullivan — a move legal experts have called unprecedented. The administration is also deploying approximately 1,000 election monitors across all 50 states, which it has described as a historic number for a Republican administration.

Utah officials confirmed this week that Justice Department monitors are headed to their state. Lieutenant Governor Deidre Henderson outlined strict ground rules: monitors must follow state poll-watcher laws, identify themselves to election workers, and may not approach voters, wear identifying insignia, carry weapons, or interfere with election activities.

These overlapping controversies — in Arizona, Alaska, Utah and beyond — suggest the 2026 midterms could produce an unusually litigious post-election period, particularly if control of the House or Senate comes down to a handful of close races.

What's at Stake in Arizona

Arizona voters are deciding races for Congress, governor, attorney general and many other offices. The state's contests have national implications: Arizona's Senate race is part of the battle for control of a chamber Republicans currently hold 53-47, and its House districts could factor into the fight for a House that forecasters increasingly expect Democrats to reclaim. Decision Desk HQ's October 21 projection gives Democrats a 78% chance of taking the House and a 56% chance of capturing the Senate.

In that environment, the voting rights of 25 citizens matter — not because 25 votes will decide a statewide race, but because the principle at stake, as Mitchell put it, is what the law demands. If a judge orders the registrations reinstated, it will affirm that election officials cannot strip citizens of their voting rights on unproven suspicions. If the registrations stand as "not eligible," it will signal that aggressive voter-roll purges can survive judicial scrutiny even when the underlying citizenship questions have been resolved.

What Happens Next

The court will now decide whether to order Heap to reinstate the 25 voters before November 3. With early voting already underway and 1.9 million mail ballots in circulation in Maricopa County, the window for a remedy is narrowing by the day — which is precisely why Mayes emphasized that "time is of the essence."

Regardless of the outcome, the dispute has already deepened the distrust between Maricopa County's election officials at the worst possible moment: days before one of the most consequential midterm elections in the state's history. Whether the county can administer a smooth election amid open warfare between its recorder, its county attorney and its board of supervisors remains an open question.

Frequently Asked Questions

Who is accused of blocking voters in Maricopa County?

Maricopa County Recorder Justin Heap is accused of changing 25 voters' registrations to "not eligible" without confirming they are not U.S. citizens. Attorney General Kris Mayes and Secretary of State Adrian Fontes have asked a judge to order him to reinstate them.

Were the flagged voters actually noncitizens?

No — according to investigations by the attorney general's office and the Maricopa County Attorney's Office, the flagged individuals are U.S. citizens. County Attorney Rachel Mitchell, a Republican, said: "They are American citizens. The law demands that they be allowed to vote."

How did this dispute start?

In March, Recorder Heap gave the county attorney more than 200 names he suspected were noncitizens registered to vote, claiming 60 had voted illegally. Mitchell's investigation found only eight noncitizens had voted sporadically from 2012 to 2025 — too few to sway any election — while 52 others were confirmed citizens.

What does Recorder Heap say?

Heap says he has not seen documented proof of citizenship for the voters and argues that "Arizona's citizenship requirements cannot be replaced by political demands." His allies accused the attorney general of trying to bait him into committing a felony.

Why does Maricopa County matter so much?

Maricopa is one of the biggest swing counties in the nation, home to Phoenix and most of Arizona's population. Its races for Congress, governor and attorney general have national implications for control of the House and Senate.

When is Election Day?

Tuesday, November 3, 2026. All 435 House seats, 35 Senate seats and 39 governorships are on the ballot.

Sources: The Arizona Republic / azcentral.com reporting; Maricopa County Superior Court filings; statements from the Maricopa County Attorney's Office.