Judge Rules for Arizona Recorder in Election Oversight Case

Maricopa County Superior Court Judge Scott Blaney ruled that the Maricopa County Board of Supervisors acted unlawfully by seizing personnel, systems, and equipment from Recorder Justin Heap's office. The decision clarifies responsibilities between Heap’s office and the board for early voting and other operations ahead of high-profile midterm elections this fall.

The legal battle began when Heap sued the predominantly Republican board last summer, alleging it had illegally taken control of certain aspects of election administration through an agreement negotiated with his predecessor. According to Los Angeles Times, Heap claimed the board transferred funding, IT staff, and key functions away from his office.

The judge's ruling stated that 'the Board cannot override state law, use funding as leverage or take control of election duties assigned to the Recorder.' The decision gives Heap more authority over election operations in Arizona's most populous county. However, board chairwoman Kate Brophy McGee said they will consider an appeal.

Heap, who was elected in 2024 after unseating incumbent Stephen Richer in the GOP primary, praised the decision as a victory for voters. In response to the court ruling, Heap issued a statement saying it 'restores both the authority and the resources necessary for my office to do its job.'

The turmoil has created an air of uncertainty about how the midterm elections will go in Maricopa County, which is pivotal for deciding statewide races in one of the nation's most important political battlegrounds. The discord between Heap and the county board has drawn heated comments from members of that board and rebukes from other state officials.

Heap has implemented controversial changes to election procedures, including a new system for checking signatures on mail ballots and using the federal SAVE system to check voter records for noncitizens. Some elected officials and observers have expressed concern that these policies could lead to otherwise eligible ballots being rejected or target eligible voters inaccurately.

The Maricopa County Recorder's Office did not provide a response to questions despite multiple requests for comment. The board proposed a settlement earlier this year but did not receive a counteroffer from Heap. As the state's July primary approaches, some observers are concerned that Heap's feuding with the board and other actions could undermine public confidence in elections.