Maricopa County Board of Supervisors Appeals Court Ruling Restoring Election Powers to Recorder Justin Heap

Maricopa County Board of Supervisors Votes to Appeal Court Ruling

PHOENIX — The Maricopa County Board of Supervisors voted 4-1 on Wednesday to appeal a court ruling that restored key election powers, resources, and personnel to Maricopa County Recorder Justin Heap. The board will petition Superior Court Judge Scott Blaney for a stay of the decision, and if that request is denied, they will file an appeal.

The ruling came after Judge Blaney found that the board of supervisors acted unlawfully by seizing the Recorder's personnel, systems, and equipment without proper legal authority.

Court Found Board Exceeded Its Authority

Judge Blaney wrote in his ruling that the board "acted unlawfully and exceeded its statutory authority by seizing the Recorder's personnel, systems and equipment and refusing to return them" to the Recorder's office.

The judge determined that state law specifically sets aside certain election authorities for the Recorder, and the board does not have plenary authority over elections administration through its general supervisory powers.

Blaney also warned that continued denial of those authorities and resources to the Recorder would hinder upcoming elections.

"The evidence at trial established that the Recorder's inability to exercise meaningful control over election systems and staff will likely cause concrete operational harms, including inability to timely process provisional ballots under A.R.S. § 16-134, resulting in voters being denied tabulation of the full ballots they had voted and to which they were entitled," Blaney said.

Board and Recorder Take Opposing Sides

Maricopa County Board Chairwoman Kate Brophy McGee, a Republican, said the board will consider an appeal of the decision.

"I disagree with other portions of the ruling, and I will explore all options with the Board of Supervisors, including an expeditious appeal," McGee said in a statement. "From day one, the Board of Supervisors has provided Recorder Heap the resources and staffing needed to fulfill his statutory duties. We will continue to do so because voters always come first."

In a statement, Recorder Justin Heap praised the ruling as a "clear and decisive victory for the rule of law and for the voters of Maricopa County."

"The court confirmed that the Board cannot override state law, use funding as leverage, or take control of election duties assigned to the Recorder," Heap said. "This ruling restores both the authority and the resources necessary for my office to do its job."

Background on the Lawsuit

Heap, a former Republican state lawmaker, was elected in 2024 after unseating incumbent Stephen Richer in the GOP primary. He filed his lawsuit with the backing of America First Legal, a conservative public interest group.

Heap claimed the board transferred funding, IT staff, and some key functions away from his office through an agreement negotiated with his predecessor. Those functions included management of ballot drop boxes and establishing early voting sites.

The ruling also determined that the Recorder's office is responsible for overseeing in-person early voting, while the board retains responsibility for selecting Election Day voting locations, supplying polling locations, and hiring poll workers.

Public Reaction Mixed

During public comment at the board meeting, opinions were split. Some members questioned the wisdom of moving forward with an appeal given the fast-approaching July primary elections.

Others rejected the supporters' characterization that Maricopa County elections were fair and secure, citing what they described as disenfranchisement in recent elections.

Supervisor Mark Stewart was the only supervisor to vote against appealing the ruling. He questioned what justifications the board had for the appeal plan.

Stewart said he didn't have enough information about the agenda item pertaining to funding for their ongoing litigation. He said his attorney reached out to Chair McGee's attorney about the item.

"I don't have enough information about this particular item to be able to move forward," Stewart said.

Chair McGee reminded Stewart that the item was discussed during Monday's executive session, which Stewart wasn't able to attend.

Stewart has since distanced himself from discussions of the appeal plan and opted to take on his own counsel to act as a mediator of information.

Political Tensions Surround Election Administration

During public comment, some expressed discontent with the board's decision not to include supporting documents with the agenda item.

Others objected to Heap's independence in elections due to his support for President Donald Trump's election-related policies and proposals. They construed Blaney's ruling as a means for the Trump administration to meddle with Arizona elections.

A nonprofit called All Voting is Local Action indicated it viewed the court fight as a distraction from elections administration.

Election Schedule Ahead

The state's primaries are scheduled for July 21, and the general election is Nov. 4. The board's goal is to put off potential upheaval of the election process in Arizona's largest county until after the midterm cycle.

"Let's not confuse the voters. We've managed to conduct five smaller elections over the last year and four months. Let's finish out these elections and figure it from there," McGee said.