October 22, 2026

RECORDER HEAP: AG MAYES CHOOSES LAWSUITS AND POLITICAL THEATER OVER PROOF OF CITIZENSHIP

PHOENIX, AZ — Maricopa County Recorder Justin Heap issued the following statement in response to Attorney General Kris Mayes filing a lawsuit seeking to compel the restoration of full-ballot voting eligibility to 24 individuals without providing proof of citizenship:

Once again, Attorney General Kris Mayes has chosen partisan political theater over enforcing Arizona law. Rather than uphold Arizona's citizenship requirements, Mayes is asking a court to force my office to break them.

These 24 voters were not flagged because of any error or negligence by my office. In February, Arizona's own MVD database identified these individuals as noncitizens, and federal SAVE records could not confirm their citizenship. We referred their cases to the Maricopa County Attorney's Office for investigation. Rather than cancel their registrations, as advised to do so by the MCAO, we placed them in 'Pending DPOC' status and sent multiple notices requesting proof of citizenship to give them every possible opportunity to vote a full ballot.

On September 23, County Attorney Rachel Mitchell publicly announced that her office had verified the citizenship of 52 individuals, including the 24 named in Mayes’ lawsuit. Yet despite repeated requests neither the County Attorney nor the Attorney General has provided my office with any documentation supporting those findings.

Arizona law is explicit. A.R.S. § 16-166(F) identifies the evidence that establishes citizenship, including qualifying identification records, birth certificates, passports, naturalization records, and tribal documentation. A.R.S. § 16-166(J) requires the Recorder to maintain evidence of citizenship in the voter's permanent record.

A press conference is not proof of citizenship. Neither is a lawsuit.

We have been trying to restore these voters for weeks but have been denied the documentation to do so. If Mayes or Mitchell simply provides the documentation required by Arizona law, my office will immediately restore these individuals to full-ballot status and no court proceeding is necessary.

“My duty is to follow Arizona law, not the political demands of Kris Mayes,” said Maricopa County Recorder Justin Heap. “No Attorney General has the authority to simply declare Arizona's citizenship requirements optional.”

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Media Contact:
Judy Keane
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