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.
The Maricopa County Board of Supervisors and Recorder are at an apparent impasse in resolving the ongoing conflict over the recorder’s election powers.
Historically, Maricopa County officials interpreted state law governing election functions at the county level to authorize the recorder with full responsibility over elections through a Shared Services Agreement (SSA). Changes made in recent years, especially those made last year, are the source of serious conflict between Recorder Justin Heap and the board of supervisors.
For over 30 years, county supervisors and the recorder abided by an SSA which granted the recorder all election responsibilities. In 2019, the board and former recorder (now secretary of state) Adrian Fontes lessened the recorder’s responsibilities by having the recorder’s office handle early voting while the board managed in-person voting and tabulation.
Then, last October, the outgoing recorder Stephen Richer and board supervisors entered a new SSA. In a press release on Monday, Heap claimed that the new SSA further reduced the election-related responsibilities of the recorder’s office to signature verification only and reassigned a significant portion of the recorder’s budgeting and staffing to the board.
Heap announced that he submitted a letter to the supervisors claiming the new SSA was “not binding or enforceable,” referencing a consultation with the county attorney’s office.
Heap characterized the ongoing negotiations over the SSA as a “battle” beset by “rising public outrage” and “misinformation” in his press release.
“Stephen Richer’s parting gift to the voters of Maricopa County, after suffering an embarrassing primary election defeat, was a punitive backroom agreement with the lame-duck Board majority designed to hamstring the office of the Recorder,” said Heap. “For weeks, since before being sworn into office, I’ve sought reasonable, common-sense solutions with my fellow Republicans on the Board, only to be ignored. Maricopa County elections need a practical, workable SSA to ensure efficient, accurate elections; however, the Supervisors’ refusal to engage in honest dialogue risks a crisis in our upcoming elections.”
Heap requested the board revert election-related authorities under provisions similar to those outlined in the 2021 SSA, and restore his authority over early voting. Heap threatened legal action if his demands weren’t met.
In response to Heap’s press release, the county posted a slightly different breakdown of election responsibilities between Heap’s office and the supervisors that evening.
In the board of supervisor’s version of the SSA breakdown, recorder responsibilities consist of maintaining the voter registration database, preparing ballots and envelopes for voters, mailing early ballots to voters, receiving early ballots sent by USPS, managing in-bound envelope scanning, overseeing signature verification and curing of questionable signatures, sending and receiving UOCAVA ballots, administering Special Election Boards, and researching and curing all provisional ballots.
Supervisor election-related duties consist of managing candidate services and ballot-building; coordinating in-person voting for early, emergency, and Election Day voting; picking up ballots from early voting sites and drop boxes and providing to the recorder for in-bound envelope scanning; hiring and training election workers at the tabulation center and poll workers to support in-person voting; approving and managing operations of vote centers for early, emergency, and Election Day voting; processing ballots (removal of ballots from affidavit envelopes); tabulating all ballots (provisional, early, Election Day); canvassing of election results; and conducting recounts as ordered by statute.
Board of Supervisors Chairman Thomas Galvin also issued a statement describing Heap’s account of recorder responsibilities and ongoing negotiations with the board as factually inaccurate.
“Conversations between the Board and its staff, and the Recorder and his staff, have been happening for weeks. Despite the factual errors in Recorder Heap’s statement, I don’t view this as a ‘battle,’” said Galvin. “Shared service agreements in Maricopa County are frequently renegotiated, each time in consultation with our attorneys to ensure compliance with state law.
My colleagues and I happily look forward to further and continued dialogue to ensure a new SSA aligns with Arizona law and best practices in election administration.”
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The former recorder for Maricopa County, Stephen Richer, is again headlining a “Principles First” summit this weekend.
Principles First, the nonprofit behind the annual D.C.-based summit, proposes a medley of libertarian and progressive values as the true basis of conservatism.
In his panel, Richer will host a “keynote conversation” with former Congressman Adam Kinzinger on the last day of the conference. Kinzinger now works as a commentator for CNN.
Richer also participated in panels during last year’s Principles First summit, themed around defending elections. Richer’s panel focused on improving voter sentiments concerning election integrity.
“We can’t cede the territory [in politics]. We can’t just have it be people who don’t believe in democracy and Democrats, because that’s not a healthy system,” said Richer.
Principles First advocated for the election of Democratic candidate Kamala Harris in the 2024 presidential race.
Like others frequently involved with Principles First, Richer voted for Harris last year.
Principles First launched in 2019 as an alternative to the Conservative Political Action Conference (CPAC), founded by corporate lawyer Heath Mayo. Mayo voted for former President Joe Biden in 2020 and independent candidate Evan McMullin in 2016. Mayo planned on voting for Biden again prior to the former president dropping out of the race last year.
“Donald Trump represents an existential threat not just to the Republican Party, but to the constitutional principles that shape our country,” said Mayo in a Washington Examiner interview last June. “So, I personally would be voting for Biden.”
Other headliners for the summit this year can be classified as Democrats, centrist or left-leaning Republicans, or Republicans-turned-Democrats: entrepreneur Mark Cuban, Colorado Governor Jared Polis, former New Jersey Governor Chris Christie, former Congresswoman Barbara Comstock, lawyer John Conway, former Fifth Circuit Judge J. Michael Luttig, former Lieutenant Governor of Georgia Geoff Duncan, former Lieutenant Governor of Maryland Michael Steele, former Defense Press Secretary Alyssa Farah, chess grandmaster Garry Kasparov, former congressman and former Arkansas Governor Asa Hutchinson, former United Nations ambassador and National Security advisor John Bolton, former Attorney General Alberto Gonzales, political commentator and The Bulwark publisher Sarah Longwell, author and political candidate Harry Dunn, political commentator and former consultant Tim Miller, political analyst Michael Fanone, and journalist Steve Hayes.
Participant organizations include Unite America, The Bulwark, The Dispatch, Protect Democracy, Afghan American Veterans Alliance, American Values Coalition, Grumpy Combat Veteran, Veterans for All Voters, ESC, Country First, Leaving MAGA, Nate Gowdy Photography, Rank the Vote, Ranked Choice Voting Maryland, UpVote Virginia, The Concord Coalition, Citizens’ Climate Lobby, An Accountable America, Welcome Democracy Institute, Bright America, and Center for Collaborative Democracy Grand Bargain Project.
Past donors to Principles First included Defending Democracy Together, which gave the nonprofit over $600,000 per 2023 tax records.
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Maricopa County Recorder Justin Heap lacks key elections powers, thanks to late decisions by his predecessor and the former Maricopa County Board of Supervisors (BOS).
Reportedly, Heap is operating without a full budget, staff, IT support, access to county buildings, and confirmation of his deputy recorder selection. State lawmakers with the Arizona Freedom Caucus blamed BOS Chair Thomas Galvin for these ongoing limitations to Heap’s authority.
State Senator Jake Hoffman urged Maricopa County residents to contact Galvin over the changes.
“Supervisor Thomas Galvin has STRIPPED Recorder Justin Heap of his control over our Elections and is REFUSING to reinstate it,” said Hoffman.
🚨ELECTION INTEGRITY ALERT
Corruption in Maricopa County!
Supervisor @ThomasGalvin has STRIPPED Recorder @azJustinHeap of his control over our Elections and is REFUSING to reinstate it
Email & Call him now! Thomas.Galvin@maricopa.gov (602) 506-7431
Much of these developments occurred back in October, when the outgoing BOS members and former Recorder Stephen Richer approved changes to the powers of the recorder’s office. The changes took effect in December.
Under that agreement, the BOS assumed control over the recorder’s $5 million budget and IT staff.
Additionally, the BOS appoints the early ballot processing board. Prior to that agreement, the recorder oversaw early ballot processing.
In a statement issued at the time of the agreement, a county spokesperson said the county made changes to make the recorder’s office more efficient.
“In Arizona, elections are administered by the County Board of Supervisors and the County Recorder. The Maricopa County Board of Supervisors and Recorder’s Office have had agreements in place to manage these administrative functions since the 1950s,” said the spokesperson. “The update to the current agreement will adjust administrative responsibilities to create efficiencies, most notably in Information Technology-related services.”
Ultimately, Arizona law empowers county boards of supervisors with authority over election administration.
Despite these limitations, Heap has continued to work around the restrictions on his position.
Last week, Heap announced his office’s policy change allowing bipartisan election observers into the signature verification room.
Heap has done more than that his first month in office. In an update issued on Friday, the recorder recapped other accomplishments from his first days: removing a record number of inactive voters from voter registration rolls, preparing for impending upgrades to the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) process for military personnel on deployment, and eliminating the salaries and positions of six external communications officers to free up resources for elections databases and systems.
In that update, Heap addressed the allegations against Galvin and his predecessor. Heap disclosed that he anticipates a new agreement with the BOS will emerge soon reinstating his authority.
“I am currently working with the members of the Board of Supervisors to replace this agreement with one that serves the people and the mission they gave me to ensure future elections in Maricopa County are fully secure, efficiently operated and, above all, accurate. I am hopeful that we will have a new agreement in the near future that helps us all achieve those aims,” said Heap.
Had a great first month at the Recorder’s office with exciting initiatives leading to more transparency and confidence in our election processes!
There is a lot more planned, and this update is a great summary of our accomplishments and challenges facing the office: https://t.co/LCMJELAawB
— Maricopa County Recorder Justin Heap (@azjustinheap) February 8, 2025
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Election volunteers will be allowed to observe signature verification processes in Maricopa County up close for the first time.
Maricopa County Recorder Justin Heap announced the “common-sense” policy change on Monday. The recorder said the observers won’t have access to the party affiliation of voters.
“This change allows bipartisan election observers into the Signature Verification room to more directly observe the Signature Verification process,” said Heap. “This is one of the first of many commonsense improvements to make Maricopa’s election processes more trustworthy and transparent.”
This change allows bi-partisan election observers into the Signature Verification room to more directly observe the Signature Verification process. The new policy ensures Signature Verifiers are not able to see the Party Affiliation of the voters whose signatures are going… https://t.co/boxwqisUjG
— Maricopa County Recorder Justin Heap (@azjustinheap) February 4, 2025
In order to protect the party affiliation of voters, Maricopa County won’t display political parties or any “personally identifying data” on the signature verification screen. This change will take effect with the May 2025 elections, per the recorder’s office.
Heap revealed in Monday’s press release containing the policy change announcement that previous recorder administrations hadn’t been fully honest about election workers’ abilities to access voters’ party affiliations and personal identifying information. Per Heap, all election workers had to do to access that information was scroll down on their screens during signature verification processes.
“Previously, voters were assured by election officials that no party or personally identifying data was available to signature verifiers,” said Heap. “In my review of our election processes I have discovered this was not the case. Signature verification workers who scrolled down the page would still see this information on the scans of older ballots.”
Prior to Heap’s administration, election volunteers weren’t permitted to observe signature verification processes. In the accompanying press release issued on Monday, the recorder’s office claimed that the previous policies requiring signature verification observation to take place from an adjacent hallway some distance from the work “made meaningful observation of the process impossible.”
“Removing that data will accomplish two important things: it brings bi-partisan observers back into the room to scrutinize the process and ensures that verifiers do not know the party affiliation of the voters whose signatures they are verifying. This will be the first of many commonsense improvements we will be making to ensure that future elections in Maricopa County are run in a trustworthy, transparent, and efficient manner,” concluded Heap.
Ahead of the presidential election last year, the state established the first legally binding signature verification rules as part of necessary modifications to election dates made to comply with the shortened electoral count deadline.
Those signature verification rules (contained within HB 2785) require the rejection of early ballot envelopes bearing signatures that don’t match the voter’s registration or records. Beginning next year, voters may bypass the signature verification requirement by showing their ID while returning their early ballot in person. Other Republican-led aspects ensuring stricter signature verification were stripped from the bill following negotiations with Democratic lawmakers and Governor Katie Hobbs.
Improving signature verification processes was a top priority for Heap during his campaign to oust then-incumbent Stephen Richer. Heap attested during his campaign that the county’s standards for signature verification were too lax based on his personal experiment with the process.
We recent has bond elections all over the state. Bond elections are "Mail-in only" and the ONLY security measure we have on mail-in ballots in signature verification. So I decided to test the system. I signed my ballot with an old signature that I haven't used sign high school…
— Maricopa County Recorder Justin Heap (@azjustinheap) February 7, 2024
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