by Staff Reporter | May 25, 2026 | Home Page Top Story, News
By Staff Reporter |
Arizona Attorney General Kris Mayes advised the Maricopa County Board of Supervisors to ignore Recorder Justin Heap’s claim of exclusive authority on drop box establishment.
Mayes sent a letter to the board and Heap on Friday claiming Heap’s counsel had made “unfounded threats of criminal liability” for telling the board that they would face felony charges for managing ballot drop boxes.
Mayes cited the state’s current and past two Elections Procedures Manuals (EPMs) to back her assessment. The EPMs recognized that boards of supervisors or their designees approve all ballot drop-off locations and drop-boxes.
“Justin Heap is wrong about drop boxes,” said Mayes. “He should immediately work with the Maricopa County Board of Supervisors in good faith to ensure a well run [sic] election.”
Notice from Heap’s counsel closely preceded a vote taken by the board earlier this week to designate 12 drop box locations throughout the county for the upcoming primary election in July. These drop boxes are scheduled to become active at the end of June.
Heap claimed the board never consulted him about the proposed drop box locations.
Heap has maintained that the board unlawfully awarded themselves control over ballot drop boxes, according to a recent ruling from the Arizona Superior Court.
The board was ruled to have unlawfully usurped the recorder’s elections authority and resources. The court determined the board didn’t have the “plenary authority” it claimed over elections administration, and ordered the board to restore key elections functions and resources to the recorder, especially the IT staff, servers, databases, software, and elections systems.
“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,” said Heap.
Heap also claimed the board tried to bring him into their meeting for “a surprise public interrogation” on short notice.
The board plans to appeal the ruling; Heap expressed concern that ongoing litigation this late in the election season will cause legal and operational issues.
Vice chair of the board, Debbie Lesko, told “The Conservative Circus” on Friday that she and the rest of the board have worked earnestly “in good faith” to avoid this ongoing court battle with Heap. Lesko argued that it wasn’t possible for the board to abide by the superior court ruling.
“This is really complicated and it’s not black and white,” said Lesko. “There’s competing state laws that say both the recorder and the elections department have jurisdiction over the same exact election procedures in some cases.”
On Thursday, Lesko and Chair Kate Brophy McGee petitioned Heap in a public statement and letter to agree to public, recorded meetings to negotiate elections administration.
The letter claimed that certain progress between the board’s elections department and recorder’s office concerning this month’s jurisdictional elections and the July primary elections were later refused by Heap.
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by Matthew Holloway | May 21, 2026 | News
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.
by Staff Reporter | May 16, 2026 | News
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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by Staff Reporter | May 8, 2026 | News
By Staff Reporter |
The sole Maricopa County supervisor to extend support for the county recorder over the ongoing elections authority spat has requested court assistance with mediation.
In a filing last week in County Recorder Justin Heap’s case against the board of supervisors before the Maricopa County Superior Court, Supervisor Mark Stewart filed a response amending his vote from opposition against to support for his fellow supervisors’ motion to stay the ruling.
Some interpreted the filing as Stewart backtracking his support for the recorder. Stewart has sided with Heap generally on the proper division of elections authority.
Stewart said ongoing mediation attempts have failed and required court intervention.
“Supervisor Stewart supports a temporary stay solely for the purpose of mediation,” stated the filing. “Previous efforts at mediation have failed despite the parties all claiming a willingness to mediate based upon timing, preconditions, and disagreement over the mediator.”
Stewart requested the court order Heap and the board to attend a mediation before the court appointed mediator within the next two weeks.
In a video posted online, Stewart explained that his filing was not a challenge to the court ruling, like the motion put forth by his colleagues, but simply a means to “alleviate some of the operational ambiguity” within remaining questions of operations so that board and recorder staff could move forward.
“What we do not need is to prolong this conflict. We need a defined path forward,” said Stewart. “While we may have different views on the path forward, I know we all have the same goal of delivering reliable, secure, transparent elections for Maricopa voters.”
Stewart said he didn’t want the case to go to appeal. That was something his fellow supervisors desired.
Last month, the superior court ruled in Heap’s favor and restored the county recorder’s election powers. The court rejected the board’s claim of plenary authority and declared it had acted unlawfully beyond statutory authority. A specific finding of wrongdoing concerned the removal of personnel, systems, and equipment from the recorder’s office.
The court warned, further, that continued absconding of election powers by the board of supervisors would likely result in voter disenfranchisement.
“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 board argued in a filing earlier this week that the court’s ruling conflicted with state statute and would interfere with administration of the upcoming jurisdictional election scheduled to occur in less than two weeks.
“This ruling creates confusion about key aspects of election administration including chain of custody, on-site tabulation, and the handing of mail-in ballots on Election Day,” said Board of Supervisors Chair Kate Brophy McGee in a statement. “Making major changes in the middle of the election cycle is not just a terrible idea for voters, it’s going to be almost impossible to implement responsibly.”
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by Staff Reporter | Apr 20, 2026 | News
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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