By Matthew Holloway |
Maricopa County Recorder Justin Heap declined what his office described as a last-minute request from the Maricopa County Board of Supervisors to appear before the board regarding a proposed resolution on ballot drop box locations, a move that further escalates an ongoing dispute over election authority in Arizona’s largest county.
The Recorder’s Office said it was not consulted on the proposed drop box locations and only became aware of them after the board publicly posted its meeting agenda. It added that the board requested Heap’s appearance with less than an hour’s notice, without providing advance questions or topics, and characterized the request as “political theater” rather than a genuine attempt at cooperation. The office also argued that Heap did not have sufficient time to review the proposal for legal compliance, operational feasibility, or voter access concerns.
According to a statement, the recorder’s legal counsel previously provided the board with objections asserting that Arizona law places authority over ballot drop boxes with the recorder’s office rather than the Board of Supervisors. The office also cited ongoing litigation between the parties as a reason Heap declined to participate in what it described as an impromptu public examination concerning active legal disputes.
“The Recorder remains willing to meet in a properly noticed setting and resolve these issues professionally and cooperatively if the Board is willing to do the same,” the statement said.
The dispute follows months of legal conflict between Heap and the Board of Supervisors over control of election administration duties in Maricopa County.
Heap said, “The law is not optional. The Court has already ruled that the Board does not possess unlimited authority over election administration, yet the Board continues attempting to exercise powers Arizona law assigns to the Recorder.” He added, “Voters deserve lawful, professional election administration, not political gamesmanship and last-minute public ambushes.”
In April, Maricopa County Superior Court Judge Scott Blaney ruled largely in Heap’s favor in a lawsuit challenging the board’s authority over election operations. Blaney determined the board exceeded its statutory authority by maintaining control over election-related personnel, systems, and functions that legally belong to the recorder’s office. The ruling affirmed greater authority for the recorder over early voting administration and rejected the board’s assertion of broad supervisory authority over election administration.
The Board of Supervisors subsequently voted to authorize 237 vote centers and drop box locations for the upcoming July primary election, according to a press release issued the same day. The Board also voted unanimously to transfer funds to create eight full-time IT positions in the County Recorder’s Office.
“I am willing to put in the hours to work with Recorder Heap to hammer out our differences for the benefit of our voters,” MCBOS Vice Chair Debbie Lesko said during the meeting. “That is why the Chair and I are calling on Recorder Heap to come to the table.”
Chair Kate Brophy McGee said in a statement, “Election systems work best when chain of command and procedures are clear. That clarity is what the Board is seeking in requesting face-to-face meetings with Recorder Heap, as well as in our appeal of the ruling in Heap v. Galvin, et al.” She added, “We are committed to ensuring the Recorder is able to carry out his statutory duties just as we are committed to carrying out ours on behalf of voters.”
In a post to X, Heap wrote, “The Board is having a full meltdown because I objected to a resolution unlawfully giving themselves control over ballot drop boxes and declined to appear for a surprise public interrogation on less than an hour’s notice. The Court has already ruled that the Board does not have unlimited authority over elections, yet it continues attempting to exercise powers Arizona law assigns to the Recorder. Voters deserve lawful election administration, not political stunts and last-minute public ambushes.”
The dispute centers on how election responsibilities are divided between the recorder and the Board of Supervisors, including authority over early voting operations, election infrastructure, and ballot drop boxes. The board maintains it has sought negotiated agreements governing election administration, while Heap and his office argue Arizona law assigns specific election duties directly to the elected recorder. Maricopa County Superior Court denied the board’s request for a stay pending appeal on May 13 and ordered restoration of the recorder’s authority under the earlier ruling.
The drop box resolution and Heap’s refusal to appear before the board mark the latest developments in the continuing dispute as Maricopa County prepares for upcoming election cycles.
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
