Arizona Settlement Suggests Enhanced Voter Warnings for Those Dropped from Early-Voting List

This article was originally published by Votebeat, a nonprofit news organization covering local election administration and voting access.

Recent developments in Arizona’s voting landscape have emerged from a legal settlement aimed at enhancing voter notifications. Arizona election officials will be required to notify voters at risk of removal from the early-voting list more effectively, following an agreement with voting rights organizations.

This conditional settlement, filed in court on Monday, seeks to address concerns stemming from a 2021 law that dismantled the state’s Permanent Early Voting List. Under this agreement, voters facing potential removal must receive notifications two additional times before removal and once afterward.

However, there are no new mandated notification requirements for county recorders, who oversee local voter rolls. Instead, the settlement offers suggested best practices for implementing the law, including notification schedules. As a result, voters might experience inconsistent treatment across different counties when the law is put into effect in 2027.

John Bonifaz, president of Free Speech for People, lauded the additional notifications, emphasizing their potential to keep voters on the early-voting list and continue receiving mail-in ballots.

For nearly 20 years, voters in Arizona could enroll in the Permanent Early Voting List to receive a mail-in ballot automatically for all eligible elections. The recently enacted Senate Bill 1485 has rebranded this list as the Active Early Voting List. Starting January 2027, voters who fail to submit a mail ballot for two consecutive general election cycles will be removed from the list.

Despite removal from the early-voting list, individuals remain registered to vote but must request reinstatement or ask for a one-time ballot for future elections.

Currently, approximately 75% of registered voters in Arizona are on the Active Early Voting List. They may return mail ballots either by postal service or by dropping them off at designated locations.

A coalition of groups, including Mi Familia Vota and Living United for Change in Arizona, initially filed a lawsuit against the state in 2021. They argued that the new law disproportionately affected minority voters, particularly Native American, Latino, and Black communities, violating federal voting rights protections.

This settlement was reached in collaboration with the Arizona Secretary of State’s Office and involved the Republican National Committee and Republican Senatorial Committee. The agreement was reviewed by a committee associated with the Secretary of State’s Office and plans to finalize best practices in the coming month.

The proposed guidelines suggest that county recorders should notify voters of their removal risk 30 days before an election, clearly indicating in uppercase letters the need to cast a mail ballot to avoid removal. Counties already have an obligation to notify voters marked for removal by January 15 of odd-numbered years. If a voter fails to respond, they may be removed.

Additional guidance proposes a follow-up reminder in March for voters who haven’t responded, and a notification within 60 days post-removal if a county recorder takes action.