By Ethan Faverino |
Maricopa County Recorder Justin Heap has asked the Maricopa County Superior Court to hold the Maricopa County Board of Supervisors in civil contempt, claiming the Board has failed to comply with a court order issued more than six weeks ago restoring election authority and resources to the Recorder’s Office.
The filing comes 43 days after Maricopa County Superior Court Judge Scott Blaney ruled that the Board of Supervisors has exceeded its statutory authority by assuming control over election functions assigned by Arizona law to the County Recorder.
In an Application for Order to Show Cause filed on May 28, 2026, Heap argued the Board has continued to exercise powers the court determined belong to the Recorder’s Office while refusing to return critical election personnel, systems, and resources.
“The Court settled these issues 43 days ago,” stated Heap. “Since then, the Board has refused to comply, continued exercising powers the Court ruled it does not possess, and even interfered with Recorder personnel carrying out their lawful duties at Recorder-operated election sites.”
The dispute stems from a lawsuit filed by Heap against the Board after disagreements over election administration responsibilities, funding, and operational control.
In its April ruling, the court rejected the Board’s argument that it possessed “plenary” authority over county election administration. Blaney wrote that Arizona election statutes specifically assign numerous election duties to the Recorder and that the Board cannot assume those responsibilities without legislative authorization or the Recorder’s consent.
The court found that Arizona law designates the Recorder as the responsible official for 111 election-related functions assigned to the “recorder or other officer in charge.” As a result, Blaney ordered the Board to restore authority, personnel, and election systems to the Recorder’s Office or immediately fund replacement systems.
The ruling also directed the Board to release election-related funding appropriated for the Recorder and prohibited the Board from exercising election functions delegated by law to the Recorder.
According to Heap’s latest filing, the board has yet to return election IT personnel, servers, databases, websites, and other systems necessary for the Recorder’s Office to carry out its statutory responsibilities. The filing further claims the board has refused to authorize the use of state and federal funds appropriated for election administration.
Heap also pointed to actions taken during recent May jurisdictional elections, stating that the county’s Elections Director instructed poll workers at Recorder-operated ballot replacement sites to disregard directions from the Recorder’s Office staff regarding voter information requirements under state law.
Additionally, the Recorder’s Office argues that the Board adopted a resolution asserting authority over early ballot drop boxes during the early voting period despite the court’s injunction and Arizona statutes assigning that responsibility to the Recorder.
The Recorder’s Office contends these actions represent continued violations of the court’s order rather than delays in implementation. The filing states that Recorder officials attempted to negotiate phased transition plans, resource-sharing agreements, and other cooperative solutions which were rejected by the Board.
Heap is now asking the court to order the Board to appear and explain why they should not be held in contempt, impose sanctions sufficient to compel compliance with the April ruling, and award attorney fees and court costs.
“The voters of Maricopa County deserve election administration that follows the law, respects the courts, and remains focused on conducting elections that are lawful, secure, accurate, accessible, and worthy of the public’s trust,” added Heap.
Ethan Faverino is a reporter for AZ Free News. You can send him news tips using this link.
