By Staff Reporter |
The Maricopa County Board of Supervisors (MCBOS) lost again in a court battle to keep election powers away from the county recorder.
The Arizona Superior Court issued a short, two-page ruling on Wednesday denying a motion from the MCBOS to stay pending appeal an earlier ruling by the court that ordered the Maricopa County Recorder’s powers to be restored.
Judge Scott Blaney denied the argument by the MCBOS that restoring election powers to Recorder Justin Heap this late in an election season would burden election workers and complicate the voting experience. Blaney refused to suspend disbelief to entertain a notion that the MCBOS hadn’t planned to lose the court case.
“But the Court finds it inexplicable that the Board of Supervisors — in the nine months since Recorder Heap filed the present lawsuit — would not have considered and planned for the possibility that the Court would rule in favor of Recorder Heap,” said Blaney.
Blaney also commented on a recent filing by Supervisor Mark Stewart, who was the sole “no” vote to appeal Blaney’s initial ruling in Heap’s favor. Stewart requested court-ordered mediation between MCBOS and the recorder. Stewart expressed concern that the court ruling hadn’t yielded the resolve either party had desired.
“While it appears that the Supervisor Stewart filed his request in good faith, the Court has little confidence that parties will use this stay for good faith negotiation and will instead see it as an opportunity to moot the Court’s Ruling through extended delay,” stated Blaney.
Blaney concluded by encouraging the MCBOS and Heap to engage in negotiations for a partial or full resolution of their election powers spat. Regardless of the outcome, Blaney pledged support for any mutual agreement.
“The Court remains willing to defer to the parties’ judgment as elected officials if they mutually reach a resolution through good faith negotiation,” said Blaney.
Heap said in a press release that the ruling further affirmed his right to maintain certain election authorities.
“This case was never about personalities or politics,” said Heap. “It was about whether Arizona law still means what it says. The Court answered that question decisively. It is time for the Board to accept reality, respect the rule of law, and focus on preparing for the upcoming elections.”
MCBOS appealed Blaney’s ruling, which was decided last month. That ruling rejected the MCBOS claim of plenary authority over elections administration, and ordered the board to restore to the recorder his elections personnel, systems, and equipment.
The board chair, Kate Brophy McGee, called the ruling “a total bust” rife with “so many fatal errors” in an interview with KTAR News last month. McGee explained that the motion for a stay pending appeal was to allow this election to be conducted under the ruled-against arrangement, so that questions of dividing elections powers could be figured out later.
McGee said the ruling failed to specify what elections administration powers ought to be restored to Heap.
“There is no clarity. There is confusion,” said McGee. “There is further potential for conflict, and we have to get this figured out[.]”
Arizona’s primary elections are scheduled for July 21, followed by the general election on Nov. 4.
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