By Staff Reporter |
A court has ordered Maricopa County officials to participate in a settlement conference next week to determine election powers.
Maricopa County Superior Court Judge Scott Blaney issued the order in response to Recorder Justin Heap’s request for contempt sanctions against the board.
The settlement conference is scheduled for Monday, June 22. The contempt hearing will remain scheduled for Tuesday, June 30 unless the board of supervisors and recorder resolve their dispute.
In the order issued last week announcing the contempt hearing, Blaney stated that the supervisors would be required to explain their “willful, continuing, and escalating noncompliance” with his order to restore certain election responsibilities, personnel, and technology to Heap.
Heap says the board has failed to return resources to include IT personnel, servers, databases, and websites, as well as refused to authorize the use of state and federal funds.
The superior court ordered the board of supervisors to restore those resources to Heap back in April.
The board has refused to comply. They say the ruling would cause problems with the administration of the upcoming primary and general elections.
“[T]he ruling creates more confusion than clarity,” said the board. “The Board of Supervisors has purchased equipment and planned to provide tabulation of early ballots in the 2026 Primary and General Elections. However, the ruling calls into question who is responsible for overseeing and executing this option for voters.”
Instead, the board has established an independent resource page to provide “just the facts” about the ongoing lawsuit and the Shared Services Agreement (SSA) negotiations that determine the distribution of election authority between the recorder and board.
SSAs distinguish election responsibilities between the board and recorder. Heap’s predecessor, Stephen Richer, coordinated with the prior board of supervisors to reduce the recorder’s scope of responsibilities in his final months in office in 2024.
The board appealed the superior court ruling with the Arizona Court of Appeals last month.
The board maintains that it has “consistently negotiated in good faith” with Heap. Several efforts to settle on a new SSA have failed. The board claims that Heap has made inconsistent demands and “at least twice” rejected their proposed new SSAs.
Also last week, a months-old incident involving employees within the recorder’s office resurfaced following a public announcement by Heap. Heap accused the board of retaliation over a criminal investigation into two of his employees for alleged theft of election equipment. Board Chair Kate Brophy McGee accused Heap of perpetuating “a parade of falsehoods, misrepresentations and strawmen.”
The board responded that Heap’s employees had no right to remove and later return an envelope scanner from the Maricopa County Election and Tabulation Center during the Tempe Jurisdictional Election. According to the board, that equipment was replaced due to the alleged security compromise.
Heap countered that the equipment belonged to his office and was therefore under the purview of his employees. Heap claimed the board ignored the alleged incident for months and dismissed their narrative as “baseless allegations.”
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