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.
Arizona Republicans are reacting to a financial crisis involving a local school district and calling for serious investigations into the developing matter.
This week, a number of Republicans in both the Arizona House of Representatives and Senate released statements about the situation surrounding Isaac Elementary School District being placed in receivership by the Arizona State Board of Education. Some legislators are even looking to the Maricopa County Attorney to investigate the school district if the state’s attorney general does not spring into action.
House Speaker Steve Montenegro said, “Our sympathies begin and end with the students, faculty, and parents of Isaac. At the heart of this crisis are more than 4,800 students and hundreds of employees who have been abandoned by failed district leadership. The falsification of financial records and the mismanagement of public funds are a betrayal of trust and must be investigated immediately. The people of Arizona deserve to know how this happened, and those responsible must be held accountable.”
Senator David Farnsworth, the Chair of the Education Committee, added, “I’m incredibly concerned by what’s transpired within the Isaac Elementary School District. My colleagues in both the Senate and House are investigating what led to the tremendous overspending and what legislative reforms we need to adopt to make certain a similar situation doesn’t happen in the future. What the State of Arizona won’t do is provide this school district a financial bailout without implementing any corrective policies. Doing so would only be a Band Aid on the wound and most certainly do more harm than good.”
Senator Carine Werner, a first-term legislator and the Vice Chair of the Education Committee, wrote, “My heart goes out to the teachers and staff of Isaac Elementary School District, many of whom are already living paycheck to paycheck and are now fearing the money isn’t going to hit their bank accounts come pay day because of the gross financial mismanagement by administrators within this district. We are working on solutions to ensure the children of these schools are not disrupted in their learning environments and those responsible are held accountable.”
Arizona House Majority Leader Michael Carbone stated, “Since taking office, Mayes has shown zero interest in tackling corruption in school districts. Instead, she has used her office to attack parents who use Empowerment Scholarship Accounts to seek better opportunities for their children. This is the same Attorney General who dropped all felony charges against a former Scottsdale Unified Superintendent engaged in a laundry list of fraudulent schemes at multiple school districts. Amazingly, Mayes only required the former administrator to pay income taxes on illegal kickbacks the administrator received – a sweetheart settlement for the ages. The students in Isaac deserve better.”
In their letter sent to Maricopa County Attorney Rachel Mitchell, Arizona House Republican leadership wrote, “In late December, the Arizona Auditor General sounded the alarm over the possibility of a receivership and noted that the Isaac Elementary School District has been identified as one of Arizona’s highest-risk districts since December 2020. The Auditor General has also reported that ‘[t]hroughout FY 2024, the District failed to report expenditures in the appropriate funds throughout the year and submitted a misleading and inaccurate FY 2024 annual financial report’ to the Arizona Department of Education. And in another report documenting multiple deficiencies in Fiscal Year 2023, the Auditor General noted potential conflict of interest issues, miscoded financial transactions, incomplete financial records and documentation, failures to deposit cash in a timely manner, and failures to provide training and guidance related to restrictions on accepting gifts or benefits.”
The House Republicans asked Mitchell to confirm an investigation into the Isaac Elementary School District matter because they lack confidence that Mayes would “fully and fairly investigate the school district’s leadership over these serious issues.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
A trio of Arizona agencies accomplished justice for local victims of organized crime.
Earlier this month, officials with the Arizona Department of Public Safety along with Maricopa County Attorney Rachel Mitchell held a press conference to announce the arrests of four people who were connected to a string of vehicle thefts in Maricopa County.
“These vehicles were transported into Mexico to continue the efforts and further goals of transnational criminal organizations. And in this case a total of 22 high-end vehicles were recovered with an estimated worth of 1.4 million dollars due to the great work of our vehicle theft task force detectives,” said Deputy Director of the Arizona Department of Public Safety Lt. Col. Ken Hunter.
County Attorney Mitchell thanked her law enforcement partners at the state department and Maricopa County Sheriff’s Office. She added, “And let me be very clear, my office will not tolerate enterprises that target the hardworking people of Maricopa County. We are committed to pursuing justice and holding those who engage in organized crime accountable for their actions.”
Thank you to our great law enforcement partners at @Arizona_DPS and @mcsoaz.
And let me be very clear, my office will not tolerate enterprises that target the hardworking people of Maricopa County. We are committed to pursuing justice and holding those who engage in organized… https://t.co/BMqKGbVCtF
— Maricopa County Attorney Rachel Mitchell (@Rachel1Mitchell) December 3, 2024
The law enforcement officials revealed in their press conference that the stolen vehicles were taken from the Phoenix-metro region to the U.S.-Mexico border. Mitchell shared that each of the individuals indicted are facing a dozen charges of means of transportation, among other felony counts that were included by the grand jury.
Mitchell has been extremely proactive during her tenure as Maricopa County’s top prosecutor in helping to enforce the law against any and all organized retail theft rings operating within her jurisdiction. She faced a competitive general election this past fall yet emerged victorious over her Democrat opponent to secure her first full term in office. After her race was called, Mitchell stated, “I want to assure you that I will continue to fight against any efforts that would allow Maricopa County to become another Los Angeles, where crime is rampant and public safety is compromised. I will continue to collaborate closely with our dedicated law enforcement partners to address the challenges that lie ahead. I look forward to serving our community and keeping Maricopa County safe.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Barring a turn of events with additional ballots being tabulated from the November General Election, Maricopa County Republicans appear to be holding onto their positions for the upcoming term of office.
After Tuesday’s November General Election, a number of Maricopa County Republicans are likely returning and / or ascending to positions of leadership.
As of this report on Thursday night, Eddie Cook received 54.36% of the vote for re-election to County Assessor.
Rachel Mitchell acquired 55.01% of the vote to return as County Attorney.
Justin Heap won 52.56% of the vote to assume the position of County Recorder. Heap is currently a state representative.
In a statement, Heap said, “I look forward to immediately beginning the work of transitioning into the office, and working with the legislature to develop a common sense legislative agenda that will make our elections more effective, efficient, and most importantly, honest, while allowing us to deliver faster election results in the 2026 and 2028 elections.”
Shelli Boggs obtained 51.85% of the vote for County School Superintendent.
Jerry Sheridan received 53.78% of the vote for County Sheriff.
Sheridan posted a statement to his X account, writing, “The real work now lies ahead as we work with the community, the Board of Supervisors, and the amazing employees at MCSO to rebuild the Sheriff’s Office to better protect the people we are entrusted to serve. To those voters out there that didn’t support my campaign, I want you to know that I will work hard to earn your trust and support. I will keep the promises I made during this campaign, especially treating every person with dignity and respect, and protecting the civil rights of all Maricopa County residents.”
John Allen was unopposed for his reelection bid for County Treasurer.
As of Thursday’s report of ballot tabulation, Republicans would control the Maricopa County Board of Supervisors with a 4-1 split. Two races – both with a Republican leading – are within three percent or less.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
The Democratic candidate for the Maricopa County Attorney’s Office (MCAO), Tamika Wooten, filmed a video for her campaign in the courtroom while on the clock.
Wooten filmed the video last month on September 21, posted to her campaign Facebook page as “A Day in the Life of Tamika Wooten!”.
Wooten explained in her video that she had spoken with LD3 voters at Black Mountain Democrats earlier that morning, and that she was now about to hear the cases of individuals arrested the night before and that morning. Wooten then told viewers that she would speak at Sun City Grand.
“It’s my honor to serve, and it’s all in a day’s work,” said Wooten.
Yikes 🚨
Democrat Tamika Wooten filmed a campaign video in the courtroom … in her judge's robes … while she was on the clock.
As a progressive candidate, Wooten has promised to not prosecute abortionists or criminalize abortions, limit mandatory minimum sentencing, and expand diversion sentencing for the mentally ill and drug addicted who commit crimes or abuse drugs openly. Wooten stated on her campaign website that she would only be prosecuting “serious crimes.”
“I’ll prioritize alternatives to incarceration for minor offenses so we can: reduce prison populations, save millions in taxpayer dollars, [and] give hurting Maricopa County communities a chance to heal,” says Wooten’s campaign website.
In an interview earlier this year, Wooten said that she would treat crimes committed by the mentally ill or drug addicted as “health issues” instead of punishable crimes.
“I want to treat mental illness and substance abuse as a health issue not criminal justice issue and by reallocating our money and creating diversion programs for those who are charged or those who have mental illness,” said Wooten.
Wooten also said she would work to expand programs to end recidivism, such as providing education to prisoners.
MCAO currently engages in diversion programs and prioritizes heavier prosecution for violent crimes. One of the newest programs concerns felony diversion for parents or guardians charged with child abuse, neglect, endangerment, or a related offense whose circumstances of offense relate to substance use, particularly opioid use.
During that interview, Wooten also indicated that she wouldn’t prioritize illegal immigration crimes, instead focusing on “higher-level crimes.”
In a more recent campaign video posted last month, Wooten said that she would refuse to prosecute abortions at all. Wooten said as much during last month’s debate with her Republican opponent, current Maricopa County Attorney Rachel Mitchell.
“As your next county attorney, I will always defend your right to choose and our doctors’ right to provide healthcare,” said Wooten in her campaign video.
“A prosecutor does have judicial discretion. I will focus my efforts overall on keeping communities safe, rather than policing a woman’s womb,” said Wooten during the debate.
As AZ Free Newsreported last month, Wooten has a history of erring on the side of criminals. Prior to serving as a judge, Wooten defended human traffickers and pleaded down their cases to reduced sentencing.
In that same reporting, Wooten made remarks in a closed-door meeting promising to not prosecute under the controversial ballot proposal HCR 2060, the “Secure the Border Act.” If approved by voters this November, that proposal would make illegal immigration a state crime, which would allow local law enforcement to make arrests and local judges to order those convicted to leave the country.
“We don’t need to patrol our citizens,” said Wooten.
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