Major change coming for voters to stay on Arizona's automatic mail-ballot list

Tucson voters who rely on Arizona’s automatic mail ballot system could have to take an extra step to keep receiving ballots beginning in 2027. Under a law approved in 2021, county recorders will remove some voters from the Active Early Voting List if they do not use a mailed ballot in federal, state or certain municipal elections for two consecutive election cycles. The change will not cancel voter registrations or eliminate anyone’s right to vote, but it could mean that a ballot no longer arrives automatically at the homes of people who have long depended on that convenience.

The first removals are expected in 2027. A voter could be affected if they did not mail or drop off an early ballot in 2023, 2024 or 2025 and also do not use one this year. Voting in person during that period would not necessarily prevent removal, because the law focuses on whether the voter cast a ballot that was sent through the early voting system. However, using a mailed ballot this November would restart the four year clock and keep the voter from entering the removal process based on that period of nonuse.

The Arizona Secretary of State’s Office does not yet know how many people statewide may be affected. The office is working with INEXL Consulting, the company that developed the state’s voter registration database, to create the coding needed to identify them. That work is not expected to be finished before the general election. A 2022 Brennan Center for Justice analysis estimated that roughly 340,000 Arizona voters could have been removed if the law had been active then. That represented about 12 percent of the voters on the early voting list in 2021, with nonwhite voters facing a greater risk of removal.

For voters in Pima County, the practical difference is important. People removed from the list would still be eligible to vote in person, request a one time early ballot for a future election or ask to be added back to the automatic list. They would not, however, receive an early ballot for every election without making another request. County Recorder Gabriella Cázares-Kelly said the distinction can be difficult to explain because people often hear the word “removal” and fear that their voter registration itself is being canceled. Some community members have described the change as a purge, she said, which can increase anxiety even though the law does not erase a person from the voter rolls.

Voters are supposed to receive notice before they are removed. In odd numbered years, county officials must send a letter to people who may be affected. For the first round, those notices must go out by Jan. 15, 2027. After receiving a letter, voters will have 90 days to confirm in writing that they want to remain on the list. The response must include a signature, address and date of birth. Officials may also use phone calls, texts or email, but those methods are optional. Cázares-Kelly said her office is concentrating on the upcoming election and developing plain language information that can be distributed next year. She had not decided whether the office would use additional individual outreach beyond the required letters.

Arizona’s automatic mail ballot list was created in 2007 under the name Permanent Early Voting List, or PEVL. The system generally allowed voters to remain enrolled unless they asked to leave, moved, died, or had their registration become inactive or canceled. The list was renamed the Active Early Voting List after Senate Bill 1485, introduced by former Republican Sen. Michelle Ugenti-Rita of Scottsdale, became law. Former Republican Gov. Doug Ducey signed the measure in 2021, about an hour after it passed the Arizona Senate on a party line vote.

Supporters argued the law would reduce the number of ballots sent to people who had moved, died or no longer wanted to receive them, describing the measure as an election integrity step. Ducey said at the time that no Arizona voter would lose the right to vote because of the change. Democrats characterized the legislation as voter suppression. The debate followed the 2020 presidential election, when former President Donald Trump falsely claimed the election had been stolen and Arizona Republicans pursued a series of election policy changes.

The law adds a new mechanism for maintaining the list even though election officials already receive information from the U.S. Postal Service, the Arizona Department of Health Services and other agencies to identify voters who have moved or died. Critics say the new approach could disrupt voting habits rather than simply clean up records. Kevin Morris of the Brennan Center said research and election audits have repeatedly found that voting fraud is extremely rare, and he argued that the policy is based on misinformation about mail voting.

Morris also pointed to Texas, where a 2021 law made it more difficult for voters to apply for mail ballots. Brennan Center research found that voting patterns changed during the following election cycle, with some people shifting to in person voting and others failing to vote. Arizona could see a larger effect because mail voting is used so widely here. Voters who do not realize they have been removed may discover the problem only when their expected ballot fails to arrive. Others may never notice. County officials could then see more people arrive at vote centers, potentially creating longer lines, shortages of voting materials and other strains on election operations.

Cázares-Kelly opposed the legislation while it was being considered, but said the final version was not as severe as some people believe. She said a complete assessment would require knowing how many Pima County voters could be affected and what the change would cost the county. For Tucson residents who want to avoid uncertainty, the immediate question is whether to use a mailed ballot this November or watch for future notices and respond within the 90 day period. The law does not take effect through an immediate cancellation of registration, but it could change how many voters receive ballots automatically in 2027 and beyond.