Judge sides with Arizona election official in ruling that has implications for midterms voting

Justin Heap, the Republican recorder in Maricopa County, sued the predominantly Republican county board of supervisors last summer alleging it had illegally taken control of certain aspects of election administration. Heap claimed the board transferred funding, IT staff and some key functions — including management of ballot drop boxes and establishing early voting sites — away from his office through an agreement negotiated with his predecessor, whom he had recently defeated in a GOP primary.

Maricopa County Superior Court Judge Scott Blaney mostly sided with Heap's office in his ruling, which was filed Thursday but appeared on the public docket Friday. The board of 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, he wrote.

Blaney also ruled that the recorder's office is responsible for overseeing in-person early voting, among other duties, while the board is responsible for other operations, such as selecting Election Day voting locations, supplying polling locations and hiring poll workers.

“The Board's assertion of plenary authority over election administration through its general supervisory powers is inconsistent with Arizona law,” the judge wrote.

Board Chairwoman Kate Brophy McGee said the board will consider an appeal.

“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, 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, 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.”

Heap, a former Republican state lawmaker, was elected in 2024 after unseating incumbent Stephen Richer in the GOP primary and defeating a Democratic candidate in the general election. In the past, Heap has stopped short of repeating false claims that the 2020 and 2022 elections were stolen, but has said voters don’t trust the state’s voting system and that it’s poorly run.

False claims of fraud since the 2020 presidential election led to threats of violence against Richer and others in the Maricopa County elections office. Richer blamed Heap for contributing to an atmosphere of distrust and vitriol directed toward the office.

“He catered to the really ugly stuff that the people in that office had to live through,” Richer said of Heap, in an interview last month. “And he allied with people who were very much in the eye of the storm in terms of creating it.”

Once he took office, Heap terminated a previous agreement that was reached between Richer and the board that had revised how election operations were divided between the two offices. Heap filed his lawsuit with the backing of America First Legal, a conservative public interest group founded by Stephen Miller, now a deputy chief of staff in the White House.