Mayes outraged at Heap for designating 24 voters as “Not Eligible”

The Arizona Attorney General’s Office threatened legal action against the Maricopa County Recorder after the office failed to update the registration status of two dozen voters incorrectly marked as non-citizens two weeks before Election Day. 

More than eight months ago, MAGA Recorder Justin Heap announced he’d used the federal government’s SAVE system to identify 60 potential non-citizen county residents who voted in previous elections. 

His office labeled those voters “Not Eligible” on the county’s voter rolls in May as the county attorney’s investigation played out. At the time, Mayes’ office told the Recorder that “you had no statutory authority” to do this, but “you persisted in doing so,” according to the letter. 

Late last month, Maricopa County Attorney Rachell Mitchell announced the result of her office’s more than seven-month-long investigation. Only eight of those voters weren’t citizens. A Motor Vehicle Department glitch discovered two years earlier had incorrectly registered them. Election officials said it showed the system was working. 

The county planned to give the 52 incorrectly marked voters “Active” status on the voter rolls ahead of the November midterm elections, now just two weeks away. But according to a letter Attorney General Kris Mayes sent Heap on Monday, that doesn’t appear to be the case. 

According to the letter obtained by Phoenix New Times, 24 of those 52 voters were incorrectly flagged and still have “Not Eligible” status. Eighteen were on the state’s early voting list and should have received their ballots by mail on Oct. 7. Another voter is a military and overseas voter. Friday is the last day the state can mail them an early ballot. 

“This is of grave concern as the November 3, 2026 election draws near,” Mayes wrote in the letter. “Continuing to treat them as ‘Not Eligible’ will have the effect of denying these properly registered voters the opportunity to cast a ballot that is counted. You have no legal basis for disenfranchising these voters.” 

In a statement to New Times, Maricopa County Supervisor Thomas Galvin called Heap’s decision not to re-activate those voters’ registration ahead of Election Day “odd.” He said it “displays a callous pattern toward innocent election employees and now voters.”  Heap’s office engaged in a years-long conflict with the Board of Supervisors over election duties. Recently, Heap’s office called the FBI on the board. 

“All of his supporters should be appalled by Justin Heap’s abuse of power,” he added. 

Heap’s errors didn’t stop there. According to 12News, the Recorder’s Office phone line told voters Election Day is November 4 — one day later than the actual date.

The Attorney General’s Office declined to comment further. The Maricopa County Attorney’s Office also declined to comment, citing its role as the Recorder’s legal representative, although that’s a responsibility the office has thwarted. The Recorder’s Office didn’t immediately respond to New Times’ request to comment.

Mayes emphasized that Heap doesn’t have the power to “cancel or downgrade” voters’ registration status. She argued that keeping a voter’s status as “Not Eligible” through the voting period “effectively cancels the voter’s registration without authorization.” 

Mayes office demanded that Heap “immediately” update the records of the 24 voters. If not, the Attorney General is “prepared to take further steps,” including legal steps through a mandamus action.