Voters’ personal information was exposed after Arizona Secretary of State Adrian Fontes’ office accidentally publicized them in violation of the law.
For nearly two years, Fontes’ office avoided publicization of the mishap. Their communications remained limited to the victims of the accidental publicization.
It was Votebeat who first found and reported on secretary of state records detailing the blunder this week. Fontes didn’t provide comment for the article. However, his chief of staff did go on the record.
Nearly 400 voters were impacted in the unintended disclosure in 2024. These voters were part of Arizona’s Address Confidentiality Program (ACP), which promises confidentiality for certain individuals with court orders of protection from the publicization of personal information like home addresses and phone numbers.
ACP members are often victims of domestic violence, sexual offenses, or stalking. Some are members of the justice system, including police officers.
According to these email records uncovered by Votebeat, Fontes staffers failed to notice their accidental publicization of protected voters’ information for nearly nine months. It was only by chance at a meeting that one keen-eyed staffer realized the mistake.
Fontes’ office said the former director of voter registration, administration, and technology, Craig Stender, was to blame. Stender passed away in March.
Stender denied wrongdoing immediately around the time of the office’s discovery of the error, which occurred in October 2024. Email correspondence from Stender indicated a breakdown in communication between the analyst who pulled the data and Stender.
Fontes’ chief of staff, Keely Varvel, told the secretary of state’s human resources department in an email that Stender had incorrectly instructed an analyst on pulling voter records. Stender was fired in October 2024.
Varvel told Votebeat that the records, properly pulled, would have been redacted automatically.
Staffers responded to impacted voters with information detailing what entities received their confidential records. This included a researcher at the University of Arizona and four out-of-state political data firms. One recipient passed along the protected voter records to another out-of-state political data firm.
While Fontes has publicly declared his commitment to protecting voter information, he never publicly announced this breach in trust concerning his office’s handling of confidential voter data.
Much of that rhetoric has centered around Fontes’ fight with the Trump administration over voter records. A federal court ruled that the Trump administration didn’t have justification to require Fontes to turn over voter registration records.
The Department of Justice sought Arizona’s entire voter registration list, which includes the full name, date of birth, home address, and driver’s license number or last four digits of a Social Security number.
Fontes has also been very public in his criticisms of attempts to go after noncitizen voters.
Fontes has asked Maricopa County Recorder Justin Heap to send him the information on the alleged hundreds of noncitizen voters discovered in Heap’s county. Heap opted to go to the Maricopa County Attorney’s Office with the information, much to the chagrin of Fontes and Attorney General Kris Mayes. (Following two warning letters from Mayes, Heap did comply and submit the noncitizen voter list to Mayes’ office for investigation).
Fontes cast doubt on the accuracy of Heap’s noncitizen voter list, arguing that the federal database used by election officials to confirm citizenship had a high error rate and couldn’t be trusted without further verification.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
This week, the Department of Justice (DOJ) asked the Supreme Court to uphold Arizona’s proof-of-citizenship requirements for voting.
The DOJ filed a brief in Republican National Committee, et al. v. Mi Familia Vota, et al. (case Nos. 25-1017, 25-1019, and 25-1022).
The case will determine whether the National Voter Registration Act (NVRA) prohibits states from: removing noncitizens from voter rolls within 90 days of an election, requiring individuals to provide documentary proof of citizenship when registering to vote in federal elections using the state registration form, and denying individuals the ability to vote by mail if they don’t provide documentary proof of citizenship.
These questions emerged from House Bills 2243 and 2492; both passed in 2022. Together, these bills require the secretary of state and county recorders to regularly review voter rolls, mandate registrants using the state registration form provide proof of citizenship, and prohibit vote by mail for federal-only voters.
The Ninth Circuit Court of Appeals ruled that the NVRA does preempt that legislation, impacting any similar citizenship proof measures taken by other states concerning their voting laws.
The federal court ruled the provisions in the Arizona laws amounted to unlawful voter suppression and were therefore unconstitutional. The court determined that voters must be allowed to vote federal ballots at least, even when they fail to provide proof of citizenship.
The respondents in the present litigation — Mi Familia Vota, Voto Latino, Arizona Asian American Native Hawaiian and Pacific Islander for Equity Coalition, Democratic National Committee, and the Arizona Democratic Party — want to preempt Arizona and other states from imposing proof-of-citizenship limitations on voting.
Jesus Osete, principal deputy assistant attorney general for civil rights, said in the DOJ announcement that the NVRA doesn’t prohibit states from removing noncitizens from voter rolls.
In its filing, the DOJ argued the lower court’s ruling conflicted with the NVRA since it would effectively render state forms into mere replicas of the federal form. States would lack the flexibility afforded by the NVRA, said the DOJ.
The DOJ filing argued that proof-of-citizenship requirements were harmonious with NVRA requirements to increase the number of eligible citizens registered to vote and ensure the maintenance of accurate and current voter rolls.
“When noncitizens with no right to shape American government vote in American elections, the ballot box no longer speaks for the People, because its tally no longer reflects their voice,” argued the DOJ.
Senate President Warren Petersen (R-LD14) said he was “thrilled” by the Trump administration’s intervention.
“Only U.S. citizens should vote in our elections,” said Petersen. “Excited for SCOTUS to take up this important case.”
Thrilled the Trump DOJ is backing Arizona’s proof-of-citizenship requirements! Only U.S. citizens should vote in our elections. Excited for SCOTUS to take up this important case. https://t.co/xWBiciTxjV
The Supreme Court has already overruled the Ninth Circuit Court of Appeals on one of the issues in 2024. The Supreme Court allowed Arizona to enforce its proof-of-citizenship requirement for state voter registration forms, but refused to allow enforcement of the requirement for those registering with federal forms.
That follows the precedent set in 2013, when the Supreme Court ruled that the NVRA prohibited Arizona from requiring proof of citizenship of those voters registering to vote with the federal voter registration form.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
Maricopa County Recorder Justin Heap turned over potential noncitizen voter records to Attorney General Kris Mayes for review on Friday.
Heap’s referral follows two letters from the attorney general’s office — one from early April, one from earlier this week — warning Heap that his delay in referring the alleged noncitizen voters to them violated state law, as first reported by Votebeat.
Heap responded to the first letter claiming that he need not comply with the cited statute because their office had not yet canceled the voter registrations of the individuals identified as potential noncitizen voters. Instead, Heap placed those identified voters in a “Not Eligible” status pending submission of documentary proof of citizenship.
Heap gave notice of the status change of the potential noncitizen voters to Secretary of State Adrian Fontes in early March, citing the Elections Procedures Manual (EPM) as justification. The attorney general office contends that Heap had misapplied his duties toward proof of citizenship requirements for voter registration to registered voters.
In that notice, Heap refused to hand over the potential noncitizen voters’ information to Fontes.
Similarly, Heap told the attorney general’s office in response to its first notice letter to him that a referral of the potential noncitizen voters would be “premature.” In mid-February, Heap announced to the public that he was referring the noncitizen voters to the attorney general’s office in addition to the Maricopa County Attorney’s Office (MCAO).
So far, Heap’s office has only submitted a referral of the alleged noncitizen voters to the MCAO.
In the most recent letter from Mayes’ office, Criminal Division Chief Counsel Nicholas Klingerman rejected Heap’s legal interpretation as incorrect.
“You cannot place ‘not eligible’ holds on these registered voters and fail to issue criminal referrals,” wrote Klingerman. “The statute does not authorize an indefinite administrative suspension for the purported noncitizen registrants, nor does it allow county election officials to choose which prosecuting agency may investigate these possible violations of state law.”
State law requires county recorders to cancel the voter registrations and notify the county attorney and attorney general for possible investigation of any registered voters for which the recorder has obtained information and confirmed noncitizenship.
In March, the MCAO began the early stages of its investigation into over 200 individuals over allegations of noncitizen voting. The recorder’s office identified the individuals through the federal database expanded last October by the Department of Homeland Security for the purposes of voter roll citizenship verification, the Systemic Alien Verification for Entitlements.
The most recent letter from Mayes’ office also accused Heap of intentionally misleading the public.
“At this point, your insistence that you are following the law is wrong at best and purposefully misleading at worst. Moreover, your statement that criminal referrals would not be appropriate despite having acknowledged the requirement to refer these individuals to the Arizona Attorney General’s Office and making a criminal referral to MCAO, suggests your intent is to mislead,” said Klingerman.
Last April, all 15 counties throughout the state began undertaking certain efforts to remove noncitizens from their voter rolls following a lawsuit.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
A federal judge dismissed the Trump administration’s lawsuit against Secretary of State Adrian Fontes over his refusal to turn over voter registration records.
The Arizona District Court ruled in United States v. Fontes on Tuesday that the federal government didn’t have justification under federal law to force Fontes to turn over the records.
The court dismissed the claim with prejudice, calling the federal government’s claim on the law “[an] amendment [that] would be legally futile.”
District Judge Susan Brnovich, widow to former Arizona Attorney General Mark Brnovich, found “unconvincing” the DOJ’s argument that the Civil Rights Act of 1960 (52 U.S.C. § 20702) gave the federal government authority to request state voter records and documents. Brnovich said this interpretation conflicted with the National Voter Registration Act (NVRA) and Help America Vote Act (HAVA).
“[T]he Attorney General’s interpretation places § 20702 in conflict with multiple provisions of the NVRA and HAVA,” said Brnovich.
The Department of Justice (DOJ) filed the lawsuit against Fontes in January. Then-Attorney General Pam Bondi sought Arizona’s entire statewide voter registration list, which would include a registered voter’s full name, date of birth, residential address, and driver’s license number or last four Social Security Number digits.
At the time, Bondi said voter registration database transparency between the states and federal government fulfilled a “basic obligation of transparency.”
— Arizona Secretary of State (@AZSecretary) April 29, 2026
Fontes said the court ruling represented a victory for preserving the security of voter privacy.
“Looks like your personal data is safe yet again because the case against me and the Department of Justice’s illegal requests to grab that voter registration have been dismissed,” said Fontes. “I will continue to protect your personal identifying information from these illegal requests no matter what.”
BREAKING: A federal judge dismissed the DOJ’s case against my office.
Arizonans’ personal identifying information is safe and I will continue doing everything in my power to protect your privacy. pic.twitter.com/sPbqpkGiry
— Arizona Secretary of State (@AZSecretary) April 28, 2026
The DOJ requested records from Fontes twice last summer and once last winter. Fontes denied all requests. He has maintained that state and federal privacy laws preempt him from turning over voter records.
Attorney General Kris Mayes supported Fontes’ refusal from the start.
In a statement released on Wednesday, Mayes said the ruling was a rightful dismissal and a vindication of Fontes’ actions.
“That database contains the sensitive personal information of millions of Arizona voters — home addresses, dates of birth, and Social Security and driver’s license numbers. But the Court was clear: Title III of the Civil Rights Act does not authorize this demand,” said Mayes.
Today, Judge Susan Brnovich's dismissed the DOJ's lawsuit demanding our voter registration rolls. @AZSecretary and I will continue to defend the privacy of voters against federal overreach.
— AZ Attorney General Kris Mayes (@AZAGMayes) April 28, 2026
Five other federal courts in California, Oregon, Michigan, Massachusetts, and Rhode Island have rejected this Civil Rights Act argument by the Trump DOJ.
The DOJ has 25 lawsuits on their claim of Civil Rights Act authority pending in Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Kentucky, Maine, Maryland, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oklahoma, Oregon, Rhode Island, Vermont, Virginia, Utah, Washington, West Virginia, and Wisconsin.
Earlier this month, Arizona Senate leadership referred Fontes to the DOJ for allegedly obstructing justice and tampering with a witness concerning a federal probe into Arizona election records.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
Arizona has been working to stop noncitizens from voting in our elections for over 20 years. After years of litigation, we are near the final step in proving our model works. That’s why last month we filed a brief asking the U.S. Supreme Court to overturn the 9th Circuit’s radical decision blocking our proof of citizenship laws from going into effect, and it should be an easy decision for them.
The Supreme Court told us in 2013 that we could require proof of citizenship on our own state voter registration form. They said it again in 2024, just weeks before the election. And yet, the 9th Circuit, in defiance of the Supreme Court, determined that essentially every aspect of the laws is unconstitutional, and that they were passed with “discriminatory intent.”
While we continue to wait on Congress to pass the SAVE Act, Arizona’s model is one every state can and must adopt immediately. When the Supreme Court takes the case, every obstacle will be removed for them…
