By Staff Reporter |

The Maricopa County Board of Supervisors overstepped and must restore elections authority to Recorder Justin Heap, according to a new court ruling.

The Maricopa County Superior Court rejected the board of supervisors’ argument in a new ruling issued on Friday in Justin Heap v. Thomas Galvin, et al. The court said the board does not enjoy “plenary” authority over election administration. Judge Scott Blaney ruled this view wasn’t consistent with Arizona law. 

“The Board’s general authority does not override specific statutory delegations to other county officers,” stated Blaney. “The Legislature has authority over the conduct of elections and determines the extent to which the Board may conduct them. The Board may not override these specific allocations by invoking general supervisory authority.”

The court opted for a more balanced view of the law in which both the board and recorder have duties expressly given in elections administration. Blaney’s ruling interpreted Arizona law to reflect that the board holds only those powers expressly delegated to it. The same goes with the recorder.

“Where a valid delegation of authority exists, the delegation must clearly delineate the designated agency or officer,” said Blaney. “Arizona’s election statutes clearly delineate the Recorder as the designated officer for the 111 functions assigned to the ‘recorder or other officer in charge.’ The Board cannot substitute itself for the Recorder without either the Recorder’s consent or express legislative authorization.” 

With this view, Blaney said the board had a duty to release withheld funding for those necessary expenses for which Maricopa County Recorder Justin Heap has fought for months. The Arizona legislature appropriated $4.1 million from the state general fund for the recorder’s office for elections-related operations. That funding hasn’t been spent.

Blaney also ordered the board to abstain from weaponizing its budgetary authority as a bargaining chip. Blaney went one step further to preserve Heap’s statutory authority, specifying that the board couldn’t exercise those election funds designated to his office without his consent. 

As a major part of restoring the power balance, Judge Blaney ordered the board to either return control of IT staff, servers, databases, software, and elections systems to the recorder’s office, or to fund their immediate replacement. 

Should the board fail to restore Heap’s functions, Blaney warned that disenfranchisement could occur. 

“[T]he Board has acted unlawfully and exceeded its statutory authority by seizing the Recorder’s personnel, systems, and equipment and refusing to return them to the Recorder’s control[,]” said Blaney. “The evidence at trial established that the Recorder’s inability to exercise meaningful control over election systems and staff will likely cause concrete operational harms, including inability to timely process provisional ballots under A.R.S. § 16-134, resulting in voters being denied tabulation of the full ballots that they had voted and to which they were entitled. These harms will not resolve and may likely increase absent court intervention, particularly as general election cycles approach.”

Immediately following the ruling, Heap declared his victory in a press release. Heap credited America First Legal along with attorney and state representative Alexander Kolodin (R-LD3) for the favorable ruling. 

“The court confirmed that the Board cannot override state law, use funding as leverage, or take control of election duties assigned to the Recorder,” said Heap. “This ruling restores both the authority and the resources necessary for my office to do its job.”

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