By Matthew Holloway |
Last week, Arizona’s Democrat Attorney General Kris Mayes issued an opinion stating that roughly 200,000 voters mistakenly listed in state election records as having provided proof of U.S. citizenship should remain on the rolls, despite questions about their citizenship status and potential conflicts with Arizona law.
As reported by AZ Free News in November of last year, 218,000 voters were confirmed by Senate President Warren Petersen to have obtained their driver’s licenses prior to the 1996 requirement to apply with proof of citizenship, went on to get a duplicate license, and then registered to vote for the first time or re-registered to vote after 2004.
For over 20 years, they were caught up in a compatibility issue between the Arizona Department of Transportation (ADOT) and the state’s voter registration system.
According to VoteBeat’s Jen Fifield, AG Mayes’ opinion marks a notable departure from how election officials have been working to remedy the problem with counties issuing notices to voters in an attempt to collect the information.
“If an Affected Voter responds by providing such evidence, that should dispel doubt,” Mayes wrote. “But if an Affected Voter does not respond, the mere lack of response does not, under current law, authorize the county recorder to cancel the voter’s registration, in whole or in part.”
Fifield, citing the Arizona Attorney General’s manual, noted that it is unclear whether or not the county election officials will conform to Mayes’ formal opinion, which is advisory in nature and does not carry the force of law.
“County recorders may take steps to inquire whether the affected voters are U.S. citizens, including by asking them to provide satisfactory evidence of citizenship,’’ Mayes wrote.
Mayes’ opinion came in response to a request made in May by fellow Democrat Arizona Secretary of State Adrian Fontes. In a statement, Fontes said he has appreciated Mayes’ guidance, writing, “The opinion stands for the notion that these folks have a right to vote,’’ he told the AZ Capitol Times.
“And it falls to the government to prove otherwise–which is the way every other accusation, every other denial of rights exists,” Fontes said. “So the burden has shifted back to where it belongs.’’
In a statement, Fontes wrote, “The consistent treatment of voters caught up in this situation between counties is most important to ensure everyone’s voting rights are protected. I am glad we now have a clear path forward.”
Arizona Republican Party Chairwoman Gina Swoboda agreed with Mayes’ opinion, in particular her assessment of the county recorder’s limited authority to cancel registrations.
“If the recorders have affirmative proof that one of the voters is a non-citizen, they may initiate a notice and cancellation process,” Swoboda told the AZ Capitol Times. “But they may not otherwise do so because of this error.”
Coconino County Recorder Aubrey Sonderegger told the Arizona Republic that the news was welcome. “It’s exactly what Coconino County has been doing all along,” she said. “We have more than cut our list in half.”
She added that “These people weren’t doing anything nefariously” but were merely caught up in the timing of the voter registration standard changing. “I’m very relieved to hear the AG opinion,” she said. “It just means we can keep doing what we’ve been doing.”
According to the Secretary of State’s office, the current number of affected voters stands at 202,760. Maricopa County Recorder Justin Heap issued a notification on June 26, 2025, to the 83,000 county voters on the list, informing them that they must submit proof of citizenship within 90 days. Failure to do so will result in reclassification as federal-only voters, and they will not be issued state and local ballots.
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
