By Staff Reporter |
The Maricopa County Board of Supervisors are split over the court ruling ordering a restoration of election powers to the county recorder.
On Friday, the Maricopa County Superior Court invalidated the board’s claim of “plenary authority” via its general supervisory powers over elections administration.
“The board’s general authority does not override specific statutory delegations to other county officers,” read the ruling.
The court found that the board had “acted unlawfully and exceeded its statutory authority” by taking the recorder’s personnel, systems, and equipment. The ruling warned the board continuing in its path of harboring the recorder’s election resources would likely result in the disenfranchisement of voters.
“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 they had voted and to which they were entitled,” stated the ruling. “These harms will not resolve and may likely increase absent court intervention, particularly as general election cycles approach.”
The ruling ordered the board to allow the recorder to take up those duties expressly given to him by state law, and to fund all necessary expenses the recorder sets forth. The board was also ordered to return all IT staff, servers, databases, software, websites, and equipment to the recorder, or to fund replacement of those personnel and items.
Chairwoman Kate Brophy McGee disagreed with the court’s view that Recorder Justin Heap has authority in his own right over elections. McGee also contended with the court’s conclusion that the board had deprived the recorder of resources and staffing.
McGee said the board plans to appeal.
“The court correctly concluded that the Board oversees the county budget and makes all appropriations decisions. But I disagree with other portions of the ruling, and I will explore all options with the Board of Supervisors, including an expeditious appeal,” said McGee. “From day one, the Board of Supervisors has provided Recorder Heap the resources and staffing needed to fulfill his statutory duties. We will continue to do so because voters always come first.”
Unlike the rest of the board, Supervisor Mark Stewart issued his own statement expressing support for the court ruling. Stewart challenged the idea that the entire court fight was unavoidable.
“From the beginning, I supported a more transparent, public negotiation process, an approach that could have led to a different outcome and avoided unnecessary confusion, litigation, and cost,” said Stewart. “It is now time to move forward with a unified focus and give our team the resources they need to deliver transparent, secure, and best-in-class elections that the voters of Maricopa County deserve.”
Recorder Heap celebrated the ruling as redress for what he called an unjust “power grab” of his office’s elections authority.
“With this ruling, we will move forward focused on delivering the secure, transparent, and accessible elections the voters of Maricopa County deserve,” said Heap.
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