Maricopa County’s Election Dispute Intensifies with Legal Action
The ongoing conflict over election control in Maricopa County has escalated, as Recorder Justin Heap seeks legal action against the county’s Board of Supervisors. Heap has accused the board of not complying with a court order related to control over the county’s election IT infrastructure and is urging a judge to impose hefty fines.
On Thursday, attorney James Rogers filed a motion in Maricopa County Superior Court, requesting Judge Scott Blaney hold the board in contempt. This follows Blaney’s previous ruling that the board unlawfully restricted the Recorder’s Office from accessing necessary IT staff and systems. Despite the ruling on April 17, Rogers claims the board has yet to restore these essential resources.
Rogers stated, “The Board has not returned a single server, database, or website,” and is demanding a fine of $100,000 per day if compliance is not achieved within five days. While the April ruling allowed the board to either restore IT resources or provide funds for replacements, the board has only partially complied, allowing Heap to hire new IT positions and granting administrative privileges equivalent to their Deputy CIO. However, control over crucial databases remains with the board.
The board’s Elections Department argues that the IT systems are jointly used and separating them will require months, but Rogers suggests political motives are causing delays. “The Board does not get to impose bureaucratic obstacles or extract concessions as the price of obeying a court order,” he asserted.
The legal dispute extends beyond IT issues. Rogers also accuses the board of preventing Heap from using $4 million appropriated by the Legislature, although Judge Blaney previously ruled the board’s fiscal decisions were within their authority. Furthermore, tensions have risen over control at ballot replacement sites and approval of drop box locations, with both parties citing differing legal interpretations.
With early voting for Arizona’s primary elections approaching, the conflict remains unresolved. Board Chair Kate Brophy McGee attributes the stalemate to Heap’s lack of cooperation, stating, “Instead, Recorder Heap has filed a series of court actions that should concern every Maricopa County voter.” However, Rogers claims the board is unresponsive to Heap’s proposals for resolving IT control issues.
The ongoing litigation highlights a deepening divide between the Recorder’s Office and the Board of Supervisors, as both sides prepare for the upcoming elections under a cloud of legal uncertainty.
