In the latest escalation between Maricopa County leaders’ legal jockeying for elections authority, the Board of Supervisors reportedly subpoenaed staff with the Recorder’s Office.
Recorder Justin Heap issued a statement on Tuesday accusing the board of attempting “to intimidate and bully” his staff and “unduly influence” the pending court ruling. The recorder and board have been fighting for months in the Maricopa County Superior Court over who has proper authority over which elections administration powers.
“Their actions are beyond inappropriate,” said Heap. “My staff has bent over backwards to work with the Board, yet despite our earnest efforts the Board continues to engage in unhinged, emotional, and unprofessional behavior.”
🚨 BREAKING ELECTION INTEGRITY UPDATE
My office is currently involved in an Election Integrity lawsuit against the Maricopa County Board of Supervisors for their unlawful seizure of my statutory duties.
— Maricopa County Recorder Justin Heap (@azjustinheap) February 4, 2026
Within the hour of Heap’s post, supervisor and former chair Thomas Galvin quoted Scripture that appeared to allude that the truth of the matter was beyond Heap’s remarks.
“‘And you will know the truth, and the truth will make you free.’ – John 8:32,” posted Galvin.
“And you will know the truth, and the truth will make you free.” -JOHN 8:32
— Thomas Galvin: Maricopa County Brd of Supervisors (@ThomasGalvin) February 4, 2026
Galvin also shared a video from Chair Kate Brophy McGee addressing the accusations from Heap. McGee said their subpoena concerned an apparent conflict between Heap’s remarks during his annual budget request and sworn testimony on voter disenfranchisement from Heap’s staff, both of which took place last week on separate days.
“At Maricopa County, we count every lawful vote. That’s why we take any claim of disenfranchisement seriously, and have asked the Recorder’s office to provide further testimony regarding conflicting claims recently made by Recorder Heap and his staff,” said McGee. “This is an important issue and we need straight answers. If any voters are being disenfranchised, we will fix it immediately. If not, then the Recorder’s office must clarify to the court why it provided such testimony. Maricopa County voters need the truth.”
— Thomas Galvin: Maricopa County Brd of Supervisors (@ThomasGalvin) February 4, 2026
During last week’s board hearing, Heap said no voters had been disenfranchised since he took office in January 2025.
“We stated that we want this machine to make sure that we don’t disenfranchise voters. We didn’t say that any voters have been disenfranchised since I took office in the administration,” said Heap.
Two days earlier, Heap’s chief of staff, Sam Stone, issued sworn testimony in the Maricopa County Superior Court that disenfranchisement was occurring in the present.
“We had two potential places we would have made the substantial changes to one or the other to bring this in, to not disenfranchise voters, which is happening now,” said Stone.
Stone directed the court to testimony from Janine Petty, senior director of voter registration, who said disenfranchisement occurred during the 2024 election when certain provisional ballots were processed as federal-only due to time constraints even though they were voted as a full ballot.
“[Those provisional ballots] would be counted, but they would not be afforded the full ballot. So they would be duplicated by the elections board to be a federal ballot, when that voter was entitled a full ballot and voted a full ballot,” said Petty.
🚨Maricopa County: Legal Voters' Full Ballots Not Counted in 2024 Under Former Recorder Stephen Richer
Maricopa County Sr. Director of Voter Registration testified under oath this week that legal voters didn’t have full ballots counted in 2024 General Election🗳️
Heap earned a legal win on Wednesday against the board after the Maricopa County Superior Court rejected the board’s move to stop America First Legal (AFL) from representing Heap in court going forward.
AFL sued the board on behalf of Heap last summer over the contested elections administration powers, a battle stemming from a “lame duck” agreement between the outgoing recorder, Stephen Richer, and a board majority also on their way out.
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Maricopa County leadership is dissatisfied with the rejection rate of ballot signatures.
Following Wednesday’s canvass of this month’s election, Board of Supervisors Chairman Thomas Galvin said the new signature verification policy was problematic for having yielded a much higher rejection rate compared to years past.
“At this rate, 15,269 ballots would’ve been rejected in ‘24 prez election,” said Galvin. “Only 7,220 were rejected in ‘24.”
At today’s Canvas, I expressed my deep concern that too many valid ballots were rejected by Justin Heap’s office because of the new signature verification policy. At this rate, 15,269 ballots would’ve been rejected in ‘24 prez election. Only 7,220 were rejected in ‘24. Stay tuned https://t.co/vmPWaa5XHi
— Thomas Galvin: Chairman, Maricopa County BOS (@ThomasGalvin) November 19, 2025
About 30,000 ballots were subject to further review, and of those 15,000 went through the curing process. Altogether, about 5,900 ballots were rejected following the curing process out of about 700,000 total cast ballots. An additional 1,000 ballots were rejected for having no signatures and the voter failing to respond to the county’s curing attempts by deadline.
The rejection rate rose to .8 percent this go around. Last year and in 2023, the rejection rate was .3 percent. It was .1 percent in 2022.
The recorder’s office also clarified that this was the first election in decades to send mailed ballots to all voters, which they say also contributed to the higher rejection rate.
Heap responded to Galvin’s criticism by accusing the chairman of deflecting from the county’s election bungles with fabricated, nonexistent issues in his office.
“Instead of holding his own staff accountable for misplacing thousands of Election Day ballots and illegally seizing control of the Recorder’s statutory responsibilities, Chairman Galvin chose to attack the only part of the process that worked flawlessly,” said Heap.
Instead of holding his own staff accountable for misplacing thousands of Election Day ballots and illegally seizing control of the Recorder’s statutory responsibilities, Chairman Galvin chose to attack the only part of the process that worked flawlessly.
— Maricopa County Recorder Justin Heap (@azjustinheap) November 20, 2025
Heap was referencing the misplacement of two sealed transport boxes with nearly 2,300 ballots by election workers this month. The ballots were discovered several days after the election occurred, on the day of the ballot curing deadline. This forced the recorder’s office to complete ballot processing in record time, and attempt to cure ballots in a matter of hours.
Galvin acknowledged the 2022 election was a disaster in private, sources say, but publicly he defended the county’s administration.
The Heap administration implemented certain changes to ease and strengthen signature verification efforts: side-by-side screen viewing of a voter’s on-file signature and their cast ballot signature, rather than having a worker scroll up and down; and requiring three separate levels of review rather than relying on the same person double-checking their work.
During Wednesday’s board of supervisors meeting, Heap repeatedly defended his position that the signature on the cast ballot must match the voter’s historic signatures on file in their record.
“In the end, if we have a signature, and the signature on the envelope does not match the signatures we have on file, and it’s now been reviewed through multiple phases, we cannot accept that signature unless that person calls,” said Heap. “We can make all diligent efforts to reach out but, in the end, the signatures either match or they don’t.”
The supervisors were divided on Heap’s approach — and whether the changes were worth it — although they did agree that the bipartisan review was a good step.
Supervisor Debbie Lesko approved of Heap’s signature verification process.
“I’ll give you credit when credit’s due, and I think if you’ve done it faster and it’s still accurate and you’re able to make it easier for the people, it sounds like a good thing,” said Lesko.
Supervisor Steve Gallardo questioned how time-consuming the process was in comparison to Heap’s predecessor, Stephen Richer. Heap responded that the signature verification has sped up due to the bipartisan team setup, and that they concluded their work the day after the election.
Some familiar voices chimed into the social media chatter over the bristling interactions between select supervisors and Heap.
Maricopa County’s former recorder, Stephen Richer, said Heap’s approach went against the state’s signature verification law.
“That’s not even how statute works,” said Richer.
Richer told KJZZ that election fraud through stolen mail-in ballots in an off-year election was so far-fetched as to be humorous.
“It’s laughable to think 5,000-plus people stole ballot envelopes and forged signatures so they could cast one more vote in a school bond election,” said Richer.
ABC15’s Garrett Archer said Heap’s multiple levels of review was problematic because matching signatures has a certain level of subjectivity that can cause individuals to disagree on what they’re seeing.
“In the old process, private information was on screen that could be used as a second check. This has been stripped to allow observers to be closer to the process,” said Archer. “If they so choose to proceed this way, there will likely be 80,000+ signature elevations in 2026. They need to staff accordingly or this could become a major problem.”
An elections advocate, Merissa Hamilton, countered that signature verification is “ultimately subjective,” and that the elimination of the private information component allows for a more unbiased review of the ballot.
DISINFORMATION PUPPET🤡
Here's the correct info:
1. Bipartisan teams don't review the signatures.
➡️ Two individuals from separate parties review the signatures independently. Not the same as duplication.
Maricopa County Recorder Justin Heap has announced that his office set a new speed record for processing Election Day ballot drop-offs, completing signature verification and curing ballots within 48 hours of the Nov. 4th elections. The matter was complicated when officials scrambled to process thousands of ballot envelopes discovered days later in a misplaced transport box.
In a Nov. 6 update on X, Heap wrote, “All calls to voters with signature inconsistencies have been completed.” He added that finishing both signature verification and voter calls “within just 48 hours of Election Day shatters all previous timeframes for elections with more than 100,000 Election Day drop-offs.”
RECORDER’S ELECTION UPDATE:
✅ All calls to voters with signature inconsistencies have been completed.
Finishing both signature verification and voter calls within 48 hours of Election Day shatters all previous timeframes for elections with more than 100,000 Election Day…
— Maricopa County Recorder Justin Heap (@azjustinheap) November 7, 2025
According to detailed metrics provided to AZ Free News by the Maricopa County Recorder’s Office, the November election included 117,664 ballot packets returned via mail or drop box on Election Day. Signature verification on those packets began at 6:00 a.m. on Wednesday, Nov. 5, and the office says the final file review was completed by 2:33 p.m., for an 8.5-hour turnaround on the Election Day returns.
For comparison, the Recorder’s Office pointed to the July 30, 2024, primary, when roughly 114,681 similar packets took about two days to clear signature review under then-Recorder Stephen Richer. In an emailed statement to AZ Free News, Maricopa County Director of Communications Judy Keane wrote:
“This represents a dramatic acceleration in post–Election Day processing: completing in 8.5 hours what previously required two days in the 2024 Primary, despite similar packet volumes. This outcome demonstrates the effectiveness of process improvements and the exceptional performance of the team.”
Two-Reviewer System and Quad-Screen Interface
Heap campaigned on tightening signature verification and has spent much of his first year in office overhauling the workflow while feuding with the Maricopa County Board of Supervisors over funding, control of election IT systems, and a controversial Shared Services Agreement now mired in litigation.
In response to written questions from AZ Free News, the county Public Information Office said that every early-ballot signature in the Nov. 4 election was reviewed by at least two human reviewers of different parties.
The office described the workflow this way:
Level One review uses a “quad-screen” interface on a single monitor:
Bottom left: the affidavit signature being reviewed
Above it: the voter’s latest signature on file
Upper right: second-latest signature
Middle right: third-latest signature
Bottom right: the voter’s registration signature
All signature exemplars can be rotated to the primary comparison position above the affidavit signature so reviewers can align shapes and slants.
According to the county, Level Two reviewers see the same layout. Still, they can also scroll through the voter’s full signature history when Level One reviewers either disagree or cannot comfortably verify a match.
County officials say that the combination of two reviewers of opposing parties and deeper access to a voter’s signature history at the second level was designed to increase both scrutiny and perceived neutrality, after years of partisan conflict over how Maricopa handles early ballots.
For voters whose signatures still couldn’t be confirmed, the office used multiple curing channels tied to identity verification: calls from election staff, text messages (for those who opted in), emails, and a secure online dashboard at BeBallotReady.vote, consistent with state guidance on signature curing windows.
Record Processing Claims Tested by Ballot Mishap
Heap’s announcement of “shattering” past performance landed just as Maricopa County was forced to acknowledge another election-administration black eye: the discovery of two sealed transport boxes with 2,288 returned ballot affidavit envelopes that had not been included in the initial post-Election Day processing.
On Nov. 7, county elections officials disclosed that poll workers had mistakenly placed the sealed transport boxes inside a blue drop box instead of returning them to the county’s election center on Election Night. Local outlets reported that the boxes bore intact tamper-evident seals and matched election-night serial numbers, but the ballots inside had not been counted, according to AZ Family.
Heap’s office responded with its own update, saying signature verification on all 2,288 ballot packets had been completed and that every voter whose signature needed curing had been contacted before the statutory deadline.
RECORDER'S ELECTION UPDATE:
The County Recorder’s Office has completed signature verification on all 2,288 of the missing ballot packets we received from the Board this morning. In the last hours, we have contacted all remaining voters with signatures requiring additional… pic.twitter.com/M1PGHj6Tkw
— Maricopa County Recorder's Office (@RecordersOffice) November 7, 2025
Jennifer Liewer, Deputy Elections Director, issued a statement following the report saying:
“Friday, Nov. 7, 2025: This morning, as part of standard post-election protocols, elections workers inspected equipment that had been returned from voting locations. This process includes unpacking and logging equipment.
“During this inspection, two sealed transport boxes of returned ballot affidavit envelopes were found inside a blue drop box. While the transport boxes did have tamper evident seals, ensuring the security of ballots, poll workers had mistakenly placed the sealed boxes inside a blue drop box rather than returning them on Election Night. Immediately after the discovery, a bi-partisan team of election staff took custody of the sealed bins and worked quickly to ensure chain of custody was followed. The green affidavit envelopes will now be signature verified and processed for tabulation.
“Per statute, green affidavit envelopes are to be counted at the close of voting on Election Night. Counted envelopes are then placed in a large bin, sealed, and returned to the Maricopa County Tabulation and Election Center.”
As previously reported by AZ Free News, Recorder Heap has been embroiled in a lengthy legal battle with the Maricopa County Board of Supervisors over funding to modernize and provide technical support for the county’s election equipment, and centered on the division of responsibilities created in a Shared Services Agreement (SSA) agreed to by Heap’s predecessor, Stephen Richer.
Heap sought a Temporary Restraining Order against the Board’s planned assessment of election systems and databases in early October, per KJZZ. However, on November 6th, Maricopa County Superior Court Judge Scott Blaney denied the motion, writing “The Recorder’s concerns regarding the assessment’s potential interference with the 2026 Primary Election are speculative at this point in the litigation,” according to the court order.
The legal fight between Maricopa County Recorder Justin Heap and the County Board of Supervisors escalated Monday. America First Legal filed two motions on Heap’s behalf, and Arizona’s legislative leaders submitted an amicus brief supporting him.
In a press release, the County Recorder’s Office stated that the motionsfiled by America First Legal “reveal how the County Board of Supervisors and County Attorney Rachel Mitchell have weaponized county government against duly-elected Recorder Justin Heap simply because he dared to fulfill his statutory duties and protect the sanctity of Arizona elections.”
Heap said in a statement, “It’s unfortunate that the Board’s unprofessional and bad faith actions have forced us to litigate this issue; however, it’s significantly more unfortunate that the Board continues to deny the voters of Maricopa County the positive, common sense election integrity reforms that they voted for last November when they elected me. As I’ve promised from day one, I am working to ensure honest, secure, and transparent elections for every voter in Maricopa County. I am not, and will not, waiver in my commitment to executing on this promise. I’m grateful to America First Legal for standing by my side in this battle.”
Recorder Justin Heap Refuses to Back Down in the Face of Unprecedented Attack on Election Integrity in Maricopa County ⤵️ pic.twitter.com/p9db5ODufm
— Maricopa County Recorder's Office (@RecordersOffice) August 25, 2025
America First Legal detailed Heap’s allegations in the first filing: “The Defendants — the members of the Maricopa County Board of Supervisors (‘BOS’) — have crossed from fiscal oversight into outright sabotage. Ignoring [state law] and decades of precedent, the BOS has refused to fund the Recorder’s ‘necessary expenses’ — from modern ballot-processing equipment to indispensable IT staff — while simultaneously seizing control of the very election functions its stonewalling endangers. The BOS’s obstruction is not mere bureaucratic foot-dragging; it is a calculated power grab that throttles the Recorder’s constitutional duty to administer secure, timely elections.”
🚨Arizona voters deserve elections run according to the law—not confusion or overreach.
Today Senate President @votewarren filed a brief in Heap v. Galvin making it clear: only the Legislature sets election duties, and they must be carried out by the officials elected for the… pic.twitter.com/CRGOFYIb34
In an amici filing in support of Heap, Arizona House Speaker Steven Montenegro and Senate President Warren Petersen’s legal representation call for a strict interpretation of state statutes which govern the responsibilities of the county recorder and board of supervisors. They argue that the “court should narrowly conclude that, based on the statutes’ plain language, when the statute authorizes ‘the county recorder or other officer in charge of elections’ to act, it is the recorder’s duty to ensure the statute is complied with unless the recorder expressly agrees to delegate that duty to another ‘officer in charge of elections.’”
As previously reported by AZ Free News, the months-long negotiations between Heap and the Board, led by Chairman Thomas Galvin, devolved steadily since Heap’s election and the replacement of Stephen Richer in January until finally collapsing into litigation in June.
The crux of the disagreement between the Board of Supervisors and County Recorder Heap rests upon a Shared Services Agreement (SSA) agreed to by Heap’s predecessor, Richer, who ardently opposed the election integrity efforts that Heap ran for office to enact. For nearly six months, the two county offices negotiated; however, Heap and the Supervisors were unable to reach an agreement, culminating in a lawsuit filed by Heap.
Since then, Heap has alleged that the Supervisors have “taken retaliatory actions” describing a series of measures that “make it impossible for him to do his job, including removing nearly all his election-related IT staff; seizing the servers, databases, and websites necessary to fulfill his duties; and restricting access to necessary facilities and equipment,” as reported by The Federalist.
In a second filing, Heap and America First Legal introduced allegations involving Maricopa County Attorney Rachel Mitchell, bringing a third County office into the fray in a dispute over who may represent the County Recorder, an attorney chosen by Heap or Maricopa County Attorney Rachel Mitchell. In the legal brief, they allege, “Attorney Mitchell originally appointed a criminal defense attorney to advise the Recorder; however, in April, America First Legal agreed to represent Heap pro bono, a move that Mitchell objected to.”
“When the Recorder complained that the original attorney appointed for him lacked sufficient subject matter expertise, County Attorney Mitchell appointed former Arizona Supreme Court Justice Andrew Gould to advise the Recorder only during negotiations with the Board. However, County Attorney Mitchell and the Board did not allow Justice Gould to litigate on the Recorder’s behalf,” the filing revealed.
But according to AFL, that wasn’t the end of it. “In May of 2025, Justice Gould specifically asked the Maricopa County Attorney’s Office for permission to litigate on Recorder Heap’s behalf but was not allowed to do so because the scope of his representation was limited to negotiation of the SSA and did not include litigation, and, accordingly, the County would not compensate him for litigation-related work.”
Mitchell responded by penning a letter to the AFL attorneys, writing in part, “This letter is to inform you that I am the Recorder’s attorney and that you do not represent the Maricopa County Recorder’s Office or Recorder Heap in his official capacity.”
Per The Federalist, AFL attorney James Rogers retorted that the “County Recorder is allowed to pick his own lawyer in litigation,” adding that Heap “is not subject to the whims of the county attorney.”
In the midst of the complex legal battle between the Recorder’s Office and the Board of Supervisors, which has drawn the attention of legislative leaders, the dispute with Mitchell adds yet another layer of infighting within the already divided county government, with the calendar counting down to the 2026 elections.
Last week, Arizona’s Democrat Attorney General Kris Mayes issued an opinion stating that roughly 200,000 voters mistakenly listed in state election records as having provided proof of U.S. citizenship should remain on the rolls, despite questions about their citizenship status and potential conflicts with Arizona law.
As reported by AZ Free News in November of last year, 218,000 voters were confirmed by Senate President Warren Petersen to have obtained their driver’s licenses prior to the 1996 requirement to apply with proof of citizenship, went on to get a duplicate license, and then registered to vote for the first time or re-registered to vote after 2004.
For over 20 years, they were caught up in a compatibility issue between the Arizona Department of Transportation (ADOT) and the state’s voter registration system.
JUST IN: Attorney General issues opinion on how AZ should treat 200K voters caught up in state error tracking voter citizenship. They should remain FULLY ELIGIBLE to vote, Mayes writes, because recorders don't have authority to remove them from rolls/make federal-only. STORY IN🧵 pic.twitter.com/ww8qtN4zFt
According to VoteBeat’s Jen Fifield, AG Mayes’ opinion marks a notable departure from how election officials have been working to remedy the problem with counties issuing notices to voters in an attempt to collect the information.
“If an Affected Voter responds by providing such evidence, that should dispel doubt,” Mayes wrote. “But if an Affected Voter does not respond, the mere lack of response does not, under current law, authorize the county recorder to cancel the voter’s registration, in whole or in part.”
Fifield, citing the Arizona Attorney General’s manual, noted that it is unclear whether or not the county election officials will conform to Mayes’ formal opinion, which is advisory in nature and does not carry the force of law.
“County recorders may take steps to inquire whether the affected voters are U.S. citizens, including by asking them to provide satisfactory evidence of citizenship,’’ Mayes wrote.
Mayes’ opinion came in response to a request made in May by fellow Democrat Arizona Secretary of State Adrian Fontes. In a statement, Fontes said he has appreciated Mayes’ guidance, writing, “The opinion stands for the notion that these folks have a right to vote,’’ he told the AZ Capitol Times.
“And it falls to the government to prove otherwise–which is the way every other accusation, every other denial of rights exists,” Fontes said. “So the burden has shifted back to where it belongs.’’
In a statement, Fontes wrote, “The consistent treatment of voters caught up in this situation between counties is most important to ensure everyone’s voting rights are protected. I am glad we now have a clear path forward.”
Arizona Republican Party Chairwoman Gina Swoboda agreed with Mayes’ opinion, in particular her assessment of the county recorder’s limited authority to cancel registrations.
“If the recorders have affirmative proof that one of the voters is a non-citizen, they may initiate a notice and cancellation process,” Swoboda told the AZ Capitol Times. “But they may not otherwise do so because of this error.”
Coconino County Recorder Aubrey Sonderegger told the Arizona Republic that the news was welcome. “It’s exactly what Coconino County has been doing all along,” she said. “We have more than cut our list in half.”
She added that “These people weren’t doing anything nefariously” but were merely caught up in the timing of the voter registration standard changing. “I’m very relieved to hear the AG opinion,” she said. “It just means we can keep doing what we’ve been doing.”
According to the Secretary of State’s office, the current number of affected voters stands at 202,760. Maricopa County Recorder Justin Heap issued a notification on June 26, 2025, to the 83,000 county voters on the list, informing them that they must submit proof of citizenship within 90 days. Failure to do so will result in reclassification as federal-only voters, and they will not be issued state and local ballots.
