by Staff Reporter | Feb 7, 2026 | News
By Staff Reporter |
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.”
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.
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.”
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.
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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by Jonathan Eberle | Nov 29, 2025 | News
By Jonathan Eberle |
Maricopa County officials are asking a federal judge to rein in what they describe as years of mission creep by the court-appointed monitor overseeing reforms within the Maricopa County Sheriff’s Office (MCSO), arguing that the agency has fully complied with the policy changes required under a landmark racial-profiling case.
In a new legal filing submitted last week in Sheridan v. Melendres—a case that began nearly two decades ago over civil-rights violations during traffic stops—Board of Supervisors Chairman Thomas Galvin and Vice Chair Kate Brophy McGee contend that the county has long met the terms of the court’s orders and that continued federal intervention is no longer justified.
The filing points to a central argument: since the court issued its first injunctive order, MCSO has undergone sweeping reforms, leadership changes, and years of federal scrutiny. “Since the issuance of the Court’s first injunctive order, fourteen years have passed, three new Sheriffs have taken office (from both political parties), MCSO has achieved 100% compliance with required policy changes, and there have been zero new allegations of targeted immigration enforcement by MCSO,” the document states.
At the heart of the county’s challenge is the work of federal monitor Robert Warshaw, who has overseen MCSO’s compliance efforts for nearly 15 years. According to the filing, Warshaw and his team have collected more than $30 million in fees during that time. County leaders say they have been increasingly frustrated with what they describe as an expansion of Warshaw’s role—particularly his recent “audit” of county spending related to the case. They argue that federal oversight was intended to ensure constitutional policing practices, not to scrutinize local budgeting decisions.
“In today’s legal filing, we highlight how far the federal monitor has strayed from his original charge,” Galvin and Brophy McGee wrote in a joint statement. “Digging into county finances and trying to minimize the cost of Melendres compliance is not just an insult to taxpayers, it’s beyond the federal court’s jurisdiction.”
County attorneys note that nothing in the county’s budgeting practices violates state or federal law. For that reason, the Board says it will not participate in further disputes over compliance-related costs. The county’s brief argues that questions about staffing, budgets, and administrative costs fall squarely within local authority. Citing Supreme Court precedent, the filing asserts that “federal-court decrees must directly address and relate to the constitutional violation itself.”
The county maintains that because MCSO has reached full compliance with all policy reforms stemming from the Melendres orders—including the creation of 209 positions tied directly to those requirements—the original purpose of the decree has been fulfilled. “It would be a complete waste of taxpayer money to engage the federal courts in a back-and-forth over what is clearly an issue of local jurisdiction,” the statement reads.
Galvin and Brophy McGee say the Board’s priority is protecting taxpayers and ensuring resources are directed toward public safety needs determined at the local level. The Board of Supervisors represents roughly 4.5 million residents. “We’ll keep standing up for transparency, common sense, and your right to self-govern,” they wrote.
The federal court will now determine whether the county’s arguments warrant narrowing or ending the monitor’s authority—a decision that could significantly reshape the long-running oversight of one of the nation’s most closely watched law-enforcement reform cases.
Jonathan Eberle is a reporter for AZ Free News. You can send him news tips using this link.
by Matthew Holloway | Sep 14, 2025 | Education, News
By Matthew Holloway |
A dozen Maricopa County libraries have removed more than 50 books on sex education and puberty from their children’s sections. The move follows complaints from parents and advocacy groups who said the books contained inappropriate material.
As previously reported by AZ Free News, the Maricopa County Library District (MCLD) has been subject to increasing criticism from parents’ rights advocates like Arizona Women of Action (AZWOA) and EZAZ, who engaged with the Maricopa County Board of Supervisors (BOS) in June. The groups objected to books such as “It’s Perfectly Normal” by Robie H. Harris and “This Book Is Gay” by Juno Dawson for the titles’ graphic depictions of sex and sexual behavior.
Responding to a petition launched by AZWOA, the BOS approved a pilot program at the Queen Creek Library, allowing parents to submit a form listing books their children may not check out.
According to AZCentral, the Board later directed the books to be relocated in response to the concerns brought to them. Due to the administrative nature of the move, a formal vote was not required. Supervisor Steve Gallardo, the board’s only Democrat, expressed objections to the outlet, saying, “Call it whatever you want … it’s wrong, and we shouldn’t be engaging in this.” Gallardo claimed that although he “agreed with some of the changes,” parents should be responsible for monitoring their children in the libraries.
Republican Supervisors Lesko, Stewart, and Brophy McGee supported the measure fully, stating that the measure is intended to:
- “Protect our youngest from their prying eyes and curiosity,” per Stewart.
- “Relocate questionable books into areas of the library that are less, or not, accessible to children,” according to Brophy-McGee.
- “Make sure that sexually explicit library books are out of the reach of minors,” as described by Lesko.
As reported by the Arizona Daily Independent, several books were brought to the BOS’s attention, though the complete list of inappropriate books is extensive. The AZWOA referred to a book rating site, ratedbooks.org, as well as a book list on Scottsdaleunites.com.
Merissa Hamilton of EZAZ later posted a list of egregious books found on MCLD shelves. Highlighted titles include “It’s Perfectly Normal: Changing Bodies, Growing Up, Sex, and Sexual Health” by Robie H. Harris, which features cartoon-like drawings with sexually graphic information. “This Book Is Gay” by Juno Dawson is also in question because it instructs children on how to engage in meetups for casual sexual encounters. Novels by Ellen Hopkins graphically depict sex, human trafficking, and abuse. These books may violate state statutes, including ARS 13-3506:
“It is unlawful for any person, with knowledge of the character of the item involved, to recklessly furnish, present, provide, make available, give, lend, show, advertise, or distribute to minors any item that is harmful to minors. C. A violation of this section is a Class 4 felony.”
These library books may also violate ARS 13-3507:
“A. It is unlawful for any person knowingly to place explicit sexual material upon public display or knowingly to fail to take prompt action to remove such a display from property in his possession or under his control after learning of its existence. B. A person who violates any provision of this section is a Class 6 felony.
The potential prompted citizens to consider bringing these books to the attention of the county’s sheriff and attorney’s offices.
County Manager Jen Pokorski told Republic reporters in June that the county is contemplating a new rule, a new “software solution” which would permit parents to restrict their children’s access to different books by category.
“I think the goal of the new software would be, the books that we’ve deemed — or that have illustrative pornography, will be off limits to children under a certain age,” Supervisor Mark Stewart explained. “And then anything that a parent would want to opt their child into, they’re welcome to sign up and do that.”
However, he did clarify, to the Arizona Republic, “I did not say that sex-ed books are illustrative pornography.”
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 Matthew Holloway | Apr 27, 2025 | News
By Matthew Holloway |
Maricopa County Supervisor Mark Stewart is hoping the latest Shared Services Agreement (SSA) approved unanimously this week by the Maricopa County Board of Supervisors wins approval by Maricopa County Recorder Justin Heap.
In a statement, Stewart wrote, “Yesterday, the Board of Supervisors voted unanimously to send a new draft of the Shared Services Agreement (SSA) concerning election responsibilities to Maricopa County Recorder, Justin Heap. This updated draft incorporates feedback from the Recorder’s Office. To be clear, this is not the final version of the SSA. The Recorder will now have the opportunity to review the document, propose additional revisions, and return it to the Board for further consideration.
He added, “Based on my discussions with Recorder Heap and members of the Board, we are 95% of the way towards finalizing the SSA. I am more optimistic about this process than at any point previously and am confident that we will reach a signed agreement in the near future.”
Board Chairman Thomas Galvin wrote in a statement Thursday, “For months, the Board and its staff have been negotiating details of a new SSA in good faith. It’s time the public knows the full story, and this latest agreement includes many concessions from our Board.”
In a statement released the same day, and later retracted, shared by several outlets, Heap wrote, “The Maricopa County Board of Supervisors presentation today was one side of an ongoing negotiation. Recorder Heap disagrees with some statements that were made; however, his focus remains on getting an elections agreement in place that best serves the voters of Maricopa County. The agreement put forth by the Board today represents the framework of a deal, but the devil is in the details, and those details still need to be ironed out. Recent delays in the negotiation stem from the Recorder’s need to secure more adequate counsel.
“With the appointment of former Arizona Supreme Court Justice Andrew Gould to assist in the negotiations, Recorder Heap anticipates and looks forward to a successful resolution and agreement in the near future.”
Under Arizona law, the responsibility for the management of elections falls between the County Boards of Supervisors and County Recorders. Ostensibly Shared Service Agreements delineate the responsibilities of each body to increase efficiency and prevent unnecessary spending.
Supervisor Debbie Lesko expressed herself as being “beyond frustrated,” with the process saying, “After the April 11th meeting between Recorder Heap and Supervisors Galvin and Brophy-McGee, Justin texted me saying the meeting ‘went very well, we seem to be in agreement on 95% and are only discussing minor details on how to effectively split the IT team.’ Our lawyer writes up the agreement based on the meeting and then, next thing I know, Justin fires his attorney and we seem to be back to square one.”
Supervisor Kate Brophy McGee laid the difficulties directly at the feat of the County Recorder saying, “Recorder Heap has not been a trustworthy partner in these negotiations. He doesn’t seem to know what he wants. He doesn’t seem to understand his statutory responsibilities. The only thing he seems to be really good at is threatening lawsuits. But there’s time for him to change. He can come back to the table and sign this agreement. I hope he does. Successful elections in Maricopa County depend on it.”
As of this report Recorder Heap has not released a revised statement, nor explained why the initial statement was taken down.
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 Matthew Holloway | Mar 2, 2025 | News
By Matthew Holloway |
The Maricopa County Board of Supervisors voted unanimously on Wednesday to allocate up to $480k to perform an election audit in cooperation with the Maricopa County Elections Department and the County Recorder’s Office.
According to Maricopa County, the board has approved funding for two distinct independent reviews to be conducted on the technology employed by election officials as well as a comprehensive review of election processes. VoteBeat reporter Jen Fifield revealed in a post to X that the cost breakdown will be $80k for the technology review and $400k to review election processes to be conducted by outside firms through the normal Request for Proposal Process.
The Board of Supervisors’ website for the review detailed that the technology review will “make sure election equipment was not tampered with during the 2024 election cycle and cannot connect to the internet. The last in-depth review of our tabulation equipment was completed in 2021, and the County has replaced and upgraded many components of our tabulation equipment.”
Regarding the process review, investigators will “include extensive research about key aspects of the election process, especially those that seem to prompt confusion or concern, including: Physical Security, Chain of custody, Tabulation.”
The board noted that “The process will be overseen by the Maricopa County Internal Audit Department and will be free of Board and staff influence.”
Chairman of the Board of Supervisors Thomas Galvin said in a statement, “In my Chairman’s speech, I promised an independent review of Maricopa County election processes and procedures. That work starts today with Board approval of funding to our Internal Audit Department for a comprehensive review on key aspects of election administration in Maricopa County. We want to continue expanding transparency with the public and make adjustments where they are necessary. We welcome the opportunity to improve! I believe this comprehensive review, coupled with action from the state legislature to reform outdated laws, will give voters more confidence and ultimately strengthen American democracy.”
He posted to X, “The Board of Supervisors voted unanimously to hire an independent 3rd party to review our elections procedures & identify areas to improve. I’m proud to work with colleagues who are committed to operational excellence”
In a press release, Vice Chair Kate Brophy McGee, District 3, said, ““We are united in our belief that Maricopa County administers free and fair elections. However, I believe this comprehensive review will give voters more confidence and ultimately strengthen American democracy.”
Emphasizing the need for an audit by outside firms, Supervisor Mark Stewart, District 1, said in a statement, “Maricopa County deserves best-in-class elections. Today, a united Board took action to invest in a comprehensive, independent review of election processes and procedures because we recognize the value of outside expertise.”
“I hear it every day from friends and neighbors—they want a government that operates in plain view, that’s accountable to the people, and that jumps at the opportunity to get better. That’s what this comprehensive review is about, and I’m excited that we are moving forward with it on behalf of voters.”
According to the release, the board will release the findings generated by the auditors hired “in a public setting, without edits, revisions or changes,” with the board stating, “The auditors’ work will be theirs and theirs alone.”
In later posts to X, responding to reports from AZCentral, Galvin openly criticized the 2022 Election Audit conducted by the firm Cyber Ninjas, commissioned by the Arizona Senate. He said, “I’m very proud of the fact that we’re going to allow a third party to come in and show us where we can do better. But when we emerge out of that, you’re going to see a stronger, more robust board … advocate for much needed election reforms at the state level.”
“I actually think the timing is perfect. …we’re not defensive and that we’re open to new ideas,” he added. “This is how you do it — not the way the Cyber Ninjas audit was done. So, frankly, I want to show that this is the right way to do it.”
Following the unanimous vote, the meeting of the Board of Supervisors ended abruptly after four of the 19 registered public commenters spoke. Galvin cited “too much yelling” for the reason of the abrupt ending. The discord centered around the ongoing disagreement between Galvin and Maricopa County Recorder Justin Heap regarding an agreement between former Recorder Stephen Richer and the outgoing Board of Supervisors, which set the election areas of responsibility for each office.
Merissa Hamilton of Strong Communities Action/EZAZ.org stated that Supervisors Stewart and Lesko remained to engage with the public following adjournment.
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.
