Arizona Judge Expands Election Authority for Maricopa County Recorder
In a significant development for Arizona’s election landscape, Maricopa County’s top election official has been granted increased powers following a court ruling. This decision could have wide-reaching effects in the state, known for its critical role in national elections.
The ruling came after Justin Heap, the Republican recorder for Maricopa County, filed a lawsuit against the county’s board of supervisors last year. Heap claimed that the board, largely composed of Republicans, unlawfully took control of certain election responsibilities from his office. These responsibilities included managing ballot drop boxes, early voting sites, and reallocating funds and IT staff.
Maricopa County Superior Court Judge Scott Blaney ruled largely in favor of Heap. According to the judge, the board overstepped its authority by seizing personnel, systems, and equipment from the recorder’s office, violating state law.
Blaney clarified that the recorder’s office is in charge of overseeing in-person early voting, while the board is tasked with other duties like selecting Election Day voting 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,” wrote Judge Blaney.
Board Chairwoman Kate Brophy McGee expressed her intention to explore 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,” she stated. McGee emphasized that the board has consistently provided resources for Heap to fulfill his duties, adding, “We will continue to do so because voters always come first.”
Heap welcomed the decision as a victory for both the rule of law and Maricopa County voters. “The court confirmed that the Board cannot override state law, use funding as leverage, or take control of election duties assigned to the Recorder,” he declared, asserting that the ruling restores essential authority and resources to his office.
Heap, who once served as a Republican state lawmaker, won his position in 2024 after defeating incumbent Stephen Richer in the GOP primary and a Democratic opponent in the general election. While Heap has not endorsed claims that the 2020 and 2022 elections were stolen, he has voiced concerns about the public’s trust in Arizona’s voting system.
Since the 2020 presidential election, false claims of voter fraud have led to threats against the Maricopa County elections office and its personnel. Richer accused Heap of fostering an atmosphere of distrust and hostility. “He catered to the really ugly stuff that the people in that office had to live through,” Richer remarked in a recent interview, adding that Heap allied with those who contributed to the turmoil.
Upon assuming office, Heap terminated a prior agreement between Richer and the board, which had altered the division of election responsibilities. Heap’s lawsuit received support from America First Legal, a conservative organization founded by Stephen Miller, a current deputy chief of staff in the White House.
