Heap Agrees to Reinstate 25 Maricopa Voters After Mayes Sues

Maricopa County Recorder Justin Heap agreed on Friday to restore the full voting rights of 25 residents after Arizona Attorney General Kris Mayes filed a lawsuit to compel the action. The settlement resolved a legal dispute that began on Wednesday, during early voting for the 2026 general election. Mayes, a Democrat, sought a court order to force the county to mail ballots to the group immediately. The voters had been incorrectly listed on the rolls as ineligible despite evidence of their citizenship.

The conflict stemmed from an error in a federal data tool known as SAVE. Heap had used the system to flag 207 registered voters as potential noncitizens. County investigators subsequently reviewed the list and determined that 52 of those flagged individuals were actually U.S. citizens. Although the Maricopa County Attorney’s office cleared these voters in a previous announcement, Heap maintained their status as not eligible on the official voter roll. Voters with that designation remain registered but cannot receive mail ballots. They must present proof of citizenship at the polls to cast a vote.

Nick Klingerman, chief of the criminal division in the attorney general’s office, sent a letter to Heap earlier in the week. The correspondence noted that 24 of the cleared citizens had not yet received updated registration statuses. Klingerman warned that the office would pursue legal action if the issue persisted. By the time the lawsuit was filed, the count of ineligible citizens had risen to 25. Mayes argued in the filing that the delay threatened the voting rights of these residents during a live election cycle.

Heap attributed the delay to a lack of documentation from the prosecutor’s office. He stated that his office required specific proof of citizenship before changing the voters’ status. Mayes countered that the legal standard did not require the attorney general to gather such evidence. The two officials exchanged public statements highlighting their disagreement over the applicable state laws. Heap cited his duty to follow existing election rules, while Mayes emphasized the need to enforce the law regarding registered citizens.

The dispute adds to an ongoing friction between the recorder’s office and the Maricopa County Board of Supervisors. The board recently confirmed that allegations of suspicious activity in the election tabulation room were baseless. Kate Brophy McGee, the board chair, called the lawsuit an appropriate step. She expressed confidence that the recorder would now ensure the 25 voters can exercise their rights. The settlement concludes the immediate legal challenge, though 147 other voters from the original list remain under investigation.