Maricopa County’s election integrity is now in jeopardy as Recorder Justin Heap sues the Board of Supervisors for illegally seizing control of election processes and withholding critical resources in a power grab that threatens transparent voting in Arizona’s largest county.
Key Takeaways
- Maricopa County Recorder Justin Heap filed a lawsuit against the Board of Supervisors for unlawfully seizing election powers and withholding necessary resources from his office
- The Board is refusing to provide funds unless Heap surrenders his statutory authority, violating Arizona election laws that specifically delegate certain duties to the Recorder
- The conflict stems from a Shared Services Agreement created by previous Recorder Stephen Richer that transferred key responsibilities to the Board of Supervisors
- America First Legal represents Heap in seeking declaratory and injunctive relief to compel the Board to properly fund the Recorder’s Office
- The outcome will determine who controls critical election functions in Arizona’s most populous county ahead of future elections
Battle for Election Authority Erupts in Arizona
A major power struggle has erupted in Maricopa County as County Recorder Justin Heap takes legal action against the Board of Supervisors over who controls election processes. The lawsuit, filed with representation from America First Legal, alleges the Board is unlawfully attempting to seize control of election functions that Arizona law specifically assigns to the Recorder’s office. This conflict raises serious concerns about election integrity in Arizona’s most populous county, which has been under scrutiny for election management issues in recent years.
At the heart of the dispute is a Shared Services Agreement created by former Recorder Stephen Richer before Heap took office in January. This agreement effectively transferred key election responsibilities from the Recorder to the Board of Supervisors. Since taking office, Heap has attempted to renegotiate this agreement to reclaim his statutory duties, but those efforts have been unsuccessful, ultimately leading to this lawsuit. The Board’s actions appear to be a direct challenge to the legal framework governing Arizona elections.
“Arizona’s statutes are clear: the Legislature has delegated to the Recorder, and not to the Board of Supervisors, numerous responsibilities for election administration, and the Board of Supervisors has a mandatory duty to fund the Recorder’s conduct of his duties,” said Maricopa County Recorder Justin Heap.
Financial Coercion and Resource Deprivation
The lawsuit details a concerning pattern of financial coercion by the Board of Supervisors. According to court documents, the Board is refusing to provide necessary funding for the Recorder’s Office unless Heap surrenders his statutory authority. This stance was made clear in the 2026 fiscal year tentative budget approved on May 19, which fails to adequately fund the Recorder’s essential operations. The Board’s actions effectively create a chokehold on Heap’s ability to fulfill his legally mandated responsibilities.
Specifically, Heap is seeking control over the IT staff managing the voter registration system and access to certain areas of the elections building for early voting – resources that are essential for his office to perform its statutory duties. The Board’s refusal to provide these resources represents a direct obstruction of election administration. This obstruction is particularly concerning given the high stakes of ensuring secure and transparent elections in one of the nation’s most closely watched counties.
“provide the necessary funds for the Recorder to conduct essential duties of his office unless he cedes much of his statutory authority to the BOS and permits the BOS to retain control over the systems and personnel required for the Recorder’s Office to fulfill the Recorder’s statutory functions,” said Maricopa County Recorder Justin Heap.
Legal Battle for Election Integrity
America First Legal has stepped in to represent Heap in this crucial legal battle. The organization is seeking declaratory and injunctive relief to compel the Board to comply with Arizona law and properly fund the Recorder’s Office. This legal action is part of a broader effort by America First Legal to restore election integrity in Arizona, following previous lawsuits aimed at removing illegal aliens from voter rolls and ensuring the release of voter registration information.
The dispute highlights the delicate balance of power required for election administration in Arizona. State law typically assigns voter registration and early voting responsibilities to county recorders, while boards of supervisors oversee Election Day voting. This division necessitates cooperation between the two entities for elections to run smoothly. However, the current impasse threatens to disrupt this balance, potentially impacting future elections in Arizona’s most populous county.
“Arizona’s elections have become a laughingstock, and that’s mostly because of mismanagement of elections in Maricopa County,” said James Rogers, America First Legal Senior Counsel.
Implications for Future Elections
The outcome of this lawsuit will have significant implications for how elections are conducted in Maricopa County. If Heap prevails, the Recorder’s Office will regain control over critical election functions, potentially leading to changes in how voter registration and early voting are managed. If the Board succeeds, it will solidify its control over election processes that have traditionally been the responsibility of the Recorder. Either way, the ruling will establish an important precedent regarding the division of election-related duties in Arizona.
“From day one, I promised the voters of Maricopa County that I would deliver more secure, more honest, and more transparent elections for all voters, regardless of their political party,” said Maricopa County Recorder Justin Heap.
This power struggle emerges against the backdrop of ongoing concerns about election integrity in Maricopa County. Heap, who took office in January, has been critical of the county’s previous election management and has rejected existing agreements that he believes removed duties assigned to him by law. With Maricopa County being a crucial battleground in national elections, the resolution of this conflict will be closely watched by voters and election officials nationwide.
