County board seeks to pause judge’s order in election fight with Recorder Justin Heap

PHOENIX — The Maricopa County Board of Supervisors announced Wednesday they intend to seek a stay of a judge’s order that largely sided with Recorder Justin Heap in a contentious legal fight over how the county’s elections are administered.

Last week, a judge ruled the supervisors had “acted unlawfully and exceeded its statutory authority” by seizing items and personnel from the recorder’s office and ordered for those items to be returned. 

Recorder Heap celebrated the judge’s decision, calling it a “clear and decisive victory for the rule of law and for the voters of Maricopa County.”

Board Chair Kate Brophy McGee has recently released the following statement on how the supervisors plan to proceed with the litigation:

“With respect to the court, Judge Blaney’s ruling contradicts itself and injects uncertainty into the process just weeks before the upcoming elections. As early voting begins this week for the May 19 jurisdictional elections, voters and election officials need clear guidance on how these elections are to be administered. To protect our staff and the voters they serve, the Board has voted to seek a stay of this harmful order and, if one is not granted, to file an appeal promptly.” 

The prolonged legal battle between Heap and the Republican-controlled board is the result of disputes over how the two different offices shall administer over election functions throughout Maricopa County. 

The judge’s recent ruling outlines how the recorder is responsible for overseeing in-person early voting and voter registration, while the county supervisors are responsible for selecting Election Day voting locations, tabulating ballots and canvassing.