Arizona Attorney General Kris Mayes said late last week that roughly 200,000 Arizonans with unconfirmed citizenship in state records should keep full voting rights, setting up a direct clash with efforts to limit these voters’ access to the ballot. Her formal opinion, issued in August 2025, argues the state cannot strip long-time registrants of their ability to vote in state and local elections because of agency mistakes and missing files.
The opinion lands while counties are sending letters to voters flagged by a database fix tied to driver’s license records, and while courts and lawmakers continue to fight over proof-of-citizenship rules.
Who is affected and why
The affected group is a very specific slice of the electorate:
- These are people who got an Arizona driver’s license before October 1996 — when the state did not record citizenship in the license system — and later registered to vote after 2004, when proof of citizenship became required for state and local elections.
- Every person in this group is at least 46 years old today.
- For years, an error inside the Motor Vehicle Division (MVD) coded some pre-1996 license holders as having provided proof. That mistake let them receive full ballots.
- The problem came to light in 2024, and courts told officials to wait until after the 2024 presidential election to take action.
State and county officials estimate that around 200,000 registrations fall into this category. So far, officials have found correct paperwork for about 20,000 people on the flagged list, leaving roughly 180,000 unresolved.
Current county actions and public reaction
- As of August 2025, counties have started to notify voters tied to this data error.
- Some counties are moving quickly; others are holding off until after local election cycles. That has created uneven outreach and a wide range of instructions depending on where a person lives.
- County recorders report a surge in calls and emails as voters try to understand letters and what documents are required.
Several counties — including Gila, Mohave, and Pinal — have begun outreach. Maricopa County has delayed notices until after local elections to avoid confusion at the polls. The different timelines, letters, and scripts can lead to mixed messages, even for neighbors in the same metro area.
Recorders say most letters are requests for paperwork, not accusations. In many cases, the county is asking for one more document so the file matches current rules, or warning that failure to respond could lead to reclassification as “federal only.”
Attorney General’s position and rationale
Attorney General Kris Mayes argues that state-created confusion should not be the reason people lose ballot access. Key points from her opinion:
- The state should not punish otherwise eligible voters for mistakes they did not make or records they never knew were missing.
- The state should seek ways to maintain full ballot access while agencies and counties correct files.
- Mass reclassification risks confusion at polling places and mistrust among voters who feel singled out.
Voting rights organizations agree with her, noting that retroactive requests for proof can disenfranchise tens of thousands — especially older voters or people who lack easy access to original documents.
“Do not disenfranchise people because of an administrative mistake,” is the attorney general’s central message.
Legal and regulatory background
Arizona’s registration system is complex and legally contested:
- In 2004, voters passed Proposition 200, adding a proof-of-citizenship requirement for state and local elections.
- A 2013 U.S. Supreme Court ruling required Arizona to accept the federal voter registration form for federal contests, which does not require documentary proof.
- In 2022, Arizona passed H.B. 2492 and H.B. 2243 to tighten proof-of-citizenship rules; parts collided with federal statutes and court rulings.
- In August 2024, the U.S. Supreme Court allowed Arizona to enforce proof-of-citizenship for those using the state form but not for those using the federal form to vote for president or by mail.
- In February 2025, the 9th U.S. Circuit Court of Appeals struck down several key provisions of Arizona’s 2022 laws, saying the state may not block people without documentary proof from voting for president or by mail and may not keep them from using the state form for federal elections.
These rulings have left the legal landscape unsettled and subject to further appeals.
What “unconfirmed citizenship” and “federal only” mean
- Unconfirmed citizenship means the state’s systems cannot locate documentary proof in the voter’s file — not that the person is a non-citizen.
- Documentary proof of citizenship includes a certified birth certificate or a valid U.S. passport.
- A “federal only” voter can participate in federal races (president and Congress) but not in state and local contests (governor, state legislature, city council, school board, county officials, bond measures, local taxes).
Practical stakes and equity concerns
- Someone who has always received a full ballot could suddenly face new barriers to voting in state and local races that often affect daily life most.
- Voting rights groups warn that burdens fall hardest on:
- Older voters (many born at home without hospital records),
- People who changed names (marriage/adoption),
- Those who moved frequently or lost documents,
- People without easy access to travel or funds to obtain certified copies.
- Even modest fees or time off work to get documents can create large practical obstacles.
County workload and operational needs
County recorders must:
- Mail notices,
- Answer questions,
- Process incoming documents,
- Update records before upcoming elections.
Recorders want uniform scripts and consistent examples of acceptable documents to reduce confusion and repeated calls. Some counties plan multiple mailings before reclassifying anyone; others will wait until after local elections.
What voters should do if they receive a letter
A simple action plan:
- Read the notice closely and note any deadlines.
- Confirm your registration status and any notes on file (the state maintains a portal).
- Gather documents such as a certified birth certificate or U.S. passport.
- Contact your county recorder to confirm the specific document required and the best way to submit it.
- Recheck your registration after you submit paperwork.
- Keep proof of submission (dated copies or email confirmations).
Official guidance and contact details for county recorders are available through the Arizona Secretary of State’s site at Arizona Secretary of State — Elections.
Numbers at a glance
| Category | Number |
|---|---|
| Registrations flagged as unconfirmed citizenship | ~200,000 |
| Files where correct paperwork found | ~20,000 |
| Remaining unresolved | ~180,000 |
| Minimum age of everyone in the affected group | 46 years old |
| “Federal only” voters before this issue (early 2025) | ~35,000 |
Political positions and next steps
- Attorney General Mayes and voting rights groups: protect full ballot access while fixing records.
- Republican lawmakers and enforcement proponents: favor strict proof requirements, citing election integrity.
- Immediate decisions rest with county recorders and the Secretary of State’s office; courts may weigh in if new lawsuits follow.
Potential near-term developments:
- Further appeals, possibly to the U.S. Supreme Court.
- Arizona Legislature could revisit documentation or outreach rules.
- Congress may debate federal proposals affecting registration forms and proof.
- The Secretary of State and county recorders may issue updated, standardized guidance after the 2025 local elections.
Key takeaway
Arizona’s situation shows how a long-standing database coding error can create major civic consequences. For the roughly 200,000 voters with unconfirmed citizenship status, the coming months raise a central question: will the state protect their voting rights while repairing records, or require long-time voters to re-prove citizenship?
The attorney general’s opinion urges protection first and paperwork second. Counties must translate that stance into clear notices, rapid processing, and consistent scripts. Voters can help by checking their status now, gathering documents if possible, and responding promptly to any county requests.
If you receive a letter, act early: read closely, collect acceptable documents, contact your county recorder, and keep proof of submission to protect your full ballot access.
This Article in a Nutshell
In August 2025, Arizona Attorney General Kris Mayes issued an opinion advising that roughly 200,000 voters whose citizenship cannot be confirmed in state records should retain full ballot access despite an MVD data error. The affected cohort—people who obtained driver’s licenses before October 1996 and registered after 2004—are all at least 46 years old. Officials have verified about 20,000 files; approximately 180,000 remain unresolved. Counties began sending varied notices in 2025, producing inconsistent guidance and increased public inquiries. Mayes argues the state should not penalize eligible voters for administrative mistakes and recommends preserving voting access while records are corrected. The legal environment is unsettled after prior court decisions and state laws from 2004, 2013 and 2022; further litigation or standardization of county procedures could follow. Voters who receive letters should check status, gather acceptable documents (certified birth certificate or passport), contact their county recorder, and keep proof of submission.
