A court decision in Arizona’s largest county has shifted more election oversight power to the county recorder following a legal battle with local supervisors who previously shared election responsibilities.
The ruling may significantly affect election procedures in Arizona, a crucial swing state preparing for several competitive races this fall. Maricopa County, home to Phoenix, has faced ongoing scrutiny from election conspiracy advocates since former President Donald Trump’s 2020 defeat to Democrat Joe Biden in the state.
Republican County Recorder Justin Heap initiated legal action against the mostly Republican board of supervisors last summer, arguing they had unlawfully assumed control over various election duties. Heap contended that the board had moved funding, information technology personnel, and essential responsibilities — including drop box oversight and early voting location setup — away from his department through a deal made with his predecessor, whom he had defeated in the Republican primary.
Maricopa County Superior Court Judge Scott Blaney largely supported Heap’s position in Thursday’s ruling, which became publicly available Friday. The supervisors “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, Blaney determined.
The judge also clarified that the recorder’s department must handle in-person early voting oversight along with other responsibilities, while the board maintains duties such as choosing Election Day polling sites, providing polling location supplies, and recruiting poll workers.
“The Board’s assertion of plenary authority over election administration through its general supervisory powers is inconsistent with Arizona law,” Blaney stated in his decision.
Board Chairwoman Kate Brophy McGee indicated the board may challenge the ruling.
“I disagree with other portions of the ruling, and I will explore all options with the Board of Supervisors, including an expeditious appeal,” McGee, a Republican, stated. “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.”
Heap, a former Republican state representative, won election in 2024 after defeating incumbent Stephen Richer in the GOP primary and a Democratic opponent in the general election. While Heap has avoided directly endorsing false assertions about stolen 2020 and 2022 elections, he has expressed concerns about voter confidence and management issues within the state’s electoral system.
Unfounded fraud allegations following the 2020 presidential race resulted in violent threats against Richer and other Maricopa County election personnel. Richer has accused Heap of fostering an environment of suspicion and hostility toward the election office.
“He catered to the really ugly stuff that the people in that office had to live through,” Richer commented about Heap in a recent interview. “And he allied with people who were very much in the eye of the storm in terms of creating it.”
After assuming office, Heap ended the previous arrangement between Richer and the board that had redistributed election responsibilities between the two offices. Heap pursued his lawsuit with support from America First Legal, a conservative advocacy organization established by Stephen Miller, currently serving as deputy chief of staff in the White House.
