Maricopa County Recorder Justin Heap Takes Legal Action Against Supervisors Over Election Authority

Maricopa County Recorder Justin Heap has filed a lawsuit against the county’s board of supervisors, alleging they are unlawfully attempting to take control of the county’s election processes. The legal action, initiated by the Trump-aligned group America First Legal, was lodged on Thursday.

The lawsuit asserts that the supervisors are engaging in “an unlawful attempt to seize near-total control over the administration of elections.” Heap seeks authority over the information technology staff managing the county’s voter registration system. He argues that the board has denied him access to essential areas of the elections building necessary for early voting preparations.

This dispute reflects a prolonged conflict over election oversight between Heap, a Republican who assumed office in January, and the Republican-controlled board. Their inability to cooperate raises concerns about the seamless execution of elections in this pivotal swing county.

Officials from the Maricopa Board of Supervisors have yet to respond to requests for comment regarding the lawsuit.

Additionally, the county attorney has the authority to appoint outside legal counsel as needed. However, a spokesperson for County Attorney Rachel Mitchell indicated that America First Legal was not authorized to represent Heap, and his office did not immediately clarify the situation.

According to Arizona law, recorders generally oversee voter registration and early voting, while supervisors manage Election Day voting. Each county can determine specific roles, but collaboration is essential for effective elections.

Heap has criticized the county’s elections management during his campaign, calling it a “laughingstock” and prioritizing election integrity as his key issue. Upon taking office, he dismissed the previous agreement that outlined the roles of the recorder and supervisors, claiming it stripped him of certain responsibilities mandated by law. Since then, Heap has accused the supervisors of failing to negotiate in good faith.

The board members, for their part, maintain that they have engaged in constructive discussions with Heap and have publicly expressed their desire to work collaboratively on election matters.

Despite initial optimism, tensions escalated during negotiations. In April, Heap requested that County Attorney Mitchell authorize new outside counsel, Andrew Gould, indicating his intentions for further revisions. Following this, the supervisors held a public meeting outlining their ongoing negotiations with Heap and releasing relevant emails to the public.

On May 15, Heap presented a draft agreement that proposed numerous changes, including control over early in-person voting, a responsibility currently managed by the supervisors. Additionally, he sought authority over the IT team that manages voter registration systems.

During a budget meeting on May 19, supervisors highlighted that Heap’s proposal could impose an additional $15 million cost on the county due to required system modifications. Although they did not include this funding in the budget, there remained a degree of hope among the supervisors for a resolution. Supervisor Mark Stewart stated, “We are going to get to a phase where we have a common-sense solution.”

According to the lawsuit, supervisors formally rejected Heap’s proposal on May 23.