The Maricopa County Recorder’s Office, after significant delays, has handed over hundreds of suspected noncitizen voter records to the Arizona Attorney General’s Office for potential investigation. The delay in referrals has sparked a political debate over the enforcement of voter registration laws.
Earlier this year, Recorder Justin Heap announced the identification of 137 individuals potentially ineligible to vote in Maricopa County, using the federal SAVE database, an immigration status checking tool enhanced during the Trump administration for voter verification. Among these, 60 individuals reportedly participated in previous elections.
Heap’s office did not initially refer these cases to the Attorney General, despite state law mandating such action when non-citizens are found on voter rolls.
Eventually, Heap identified 207 potential noncitizens but delayed referring them to the Attorney General, contrary to requirements. This changed recently as Heap complied with the law following a request from Arizona Attorney General Kris Mayes.
On March 2, Criminal Division Chief Nick Klingerman requested that Heap urgently send any relevant referrals to the Attorney General’s Office. Klingerman emphasized the legal obligation to notify both the county attorney and attorney general about non-citizen voters, stating, “This requirement is not discretionary, and failure to follow it undermines the legally prescribed process for voter-eligibility investigations.”
Recorder’s Response
Heap initially balked at the demand, opting instead to refer the matter to Maricopa County Attorney Rachel Mitchell in March. In his defense, Heap argued that voter registrations had not been canceled, as the law required, before referrals were made.
Heap placed the suspected noncitizens in a “Not Eligible” status, offering them a chance to prove their citizenship, a move intended to address potential errors linked to a previous DMV-related issue affecting numerous Arizona voter registrations.
However, Klingerman countered that Heap lacked the authority for indefinite suspensions, noting the legal requirement to cancel registrations if proof of citizenship isn’t provided within 35 days. He pointed out that Heap had already initiated the notification process, thus necessitating the referrals.
‘Playing Politics’
Attorney General Mayes criticized Heap for allegedly delaying the process for political reasons, asserting, “The county recorder was playing politics, obviously.” Heap, in an April 10 letter, refuted these claims, stating his actions were in line with legislative processes aimed at protecting election integrity and voter rights.
The contention between Mayes and Heap unfolds against a backdrop of national debates on the use of databases like SAVE to identify non-citizen voters, an occurrence that remains rare in the U.S. While Republicans defend such measures, Democrats and organizations like ProPublica and NPR have raised concerns over its accuracy, citing instances of erroneous flagging of U.S. citizens.
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