Maricopa County has been thrust into the spotlight as its Recorder’s Office has referred a significant list of suspected noncitizens on the voter rolls to Arizona’s Attorney General for examination. This move follows a months-long delay and highlights the ongoing debate over voter eligibility verification.
Earlier in the year, Recorder Justin Heap utilized the federal SAVE database to pinpoint 137 alleged noncitizens registered to vote in Maricopa County, with 60 of these individuals reportedly having participated in previous elections. This database, initially meant for checking immigration status, was repurposed during the Trump era to assess voter legitimacy.
Action from the Recorder’s Office
Eventually, Heap’s investigation uncovered 207 potential noncitizens on Maricopa County’s voter list. However, despite a legal mandate requiring notification of the county attorney and state attorney general upon such discoveries, Heap initially refrained from making this referral. This inaction prompted a reminder from the Attorney General’s Office, as reported by Votebeat.
Nick Klingerman, Chief of the Criminal Division, wrote to Heap on March 2, urging the prompt referral of any relevant cases. He followed up with additional correspondence citing legal obligations to ensure voter-eligibility investigations proceed.
Heap’s Initial Hesitance
Heap was initially hesitant to comply with the demands from Klingerman. In March, he passed the investigation to Maricopa County Attorney Rachel Mitchell. However, Heap explained in a letter dated April 10 that he had not canceled any voter registrations for the suspected noncitizens. The cited law mandates the cancellation of such registrations before cases are referred for further investigation.
Rather than canceling registrations, Heap opted to classify the individuals under a “Not Eligible” status, allowing them time to prove citizenship, which he argued was a necessary step due to systemic issues identified by the Motor Vehicle Division (MVD) that had previously affected voter registrations.
Legal and Political Repercussions
Klingerman noted that Heap lacked the legal authority to suspend voter registrations indefinitely. According to the law, registrations should be canceled if no proof of citizenship is provided within 35 days, a deadline that had already lapsed.
Amid this legal back and forth, Kris Mayes, Arizona’s Attorney General, accused Heap of delaying the referral for political reasons. “The county recorder was playing politics, obviously,” she remarked, urging adherence to the law.
Heap refuted these claims, asserting his office’s commitment to a deliberate and lawful process designed to protect both election integrity and the rights of voters.
Broader Context
This controversy unfolds against a backdrop of national debates over voter eligibility. The SAVE database’s role in identifying noncitizen voters is supported by Republicans, despite its rare application in the U.S. Meanwhile, Democrats raise concerns over its accuracy, as highlighted by ProPublica and NPR, due to its history of incorrectly flagging citizens as noncitizens.
