Questions over the rightful ownership of election equipment have sparked a legal battle in Maricopa County, as conflicting claims arise between the County Recorder’s Office and the Board of Supervisors. The disagreement has escalated to involve legal filings and accusations of unlawful conduct.
In a recent court filing, Maricopa County Recorder Justin Heap alleged that his office has been obstructed from taking possession of election equipment, which he claims is legally theirs. This equipment, including scanners, is crucial for the upcoming primary election. However, according to county budget documents, the ownership narrative is not as straightforward.
Heap’s attorney, James Rogers, stated in an emergency court document that Pinal County sheriff deputies unexpectedly visited the home of Bryan Colby, the Chief Information Officer of the Recorder’s Office, informing him of an investigation for theft. The filing clarified, “On June 6, 2026, Pinal County sheriff’s deputies appeared unannounced at the home of MCRO Chief Information Officer Bryan Colby to inform him that he was under investigation for theft.”
County Supervisors Kate Brophy McGee and Debbie Lesko revealed that footage from a local Tempe election showed Colby and another employee transporting a scanner to an unmarked vehicle. The scanner was then returned after approximately 50 minutes, following a notification from the county Elections director to the Recorder’s Office.
Further investigations by the county’s Human Resources Department suggested that Colby had also removed provisional ballot affidavit envelopes from a secure facility, although all materials were later accounted for. These actions prompted the Board of Supervisors to spend $70,000 on a new scanner, citing concerns of compromise.
Following these events, the Maricopa County Attorney’s Office confirmed an allegation had been made, leading to the appointment of a special counsel due to a conflict of interest. The office stated, “MCAO is not involved in the investigation and has no further comment.”
Ownership Dispute
Heap contends that the disputed scanners belong to the Recorder’s Office, indicating they were purchased specifically for Early Voting Services. Heap’s lawyer, Rogers, argued the actions attributed to Colby were lawful, intended only to retrieve equipment for processing ballots in the upcoming election.
Conversely, the Board of Supervisors maintains that the scanners are the property of the Elections Department, as reflected in the county’s 2023 budget allocation for “Election’s Envelope scanners.” Jarrett, who oversees the Election Department for the board, is the one who presented the proposed expenditure to the board at a budget planning meeting in January 2022. Heap’s court filing suggests that the budget requests were made on behalf of both departments.
Accusations and Legal Actions
Rogers’ court filing stops short of confirming that Colby or other Recorder’s Office staff moved the scanners but notes their efforts to locate and potentially repurpose the equipment. This action came after the Board of Supervisors denied Heap’s request to purchase an Agilis ballot sorting machine, which was necessary for counting provisional ballots.
Heap alleges retaliation following a legal victory in April, accusing the board of undermining his efforts to manage elections. He requests a court order to transfer the scanners to his office and to prevent the board from pursuing criminal investigations against his staff.
The ongoing disputes between Heap and the Maricopa County supervisors highlight the challenges and tensions in election administration, as both parties grapple for control. Early voting for the primary elections scheduled for July 21 is set to commence at the end of June.
