Maricopa County Recorder Justin Heap has filed a lawsuit against the county Board of Supervisors, accusing them of illegally seizing his election powers and threatening election integrity in a move that could reshape election administration in Arizona’s most populous county.
Key Takeaways
- Maricopa County Recorder Justin Heap is suing the County Board of Supervisors for allegedly withholding necessary resources unless he surrenders his statutory authority to them
- The dispute centers around a Shared Services Agreement initiated by former recorder Stephen Richer that transferred key election responsibilities from the Recorder’s Office to the Board
- America First Legal filed the lawsuit on Heap’s behalf, seeking to restore the Recorder’s control over voter registration systems and early voting administration
- The Board’s actions could potentially threaten election integrity in Maricopa County, which has been at the center of election controversies
- Arizona law assigns specific election duties to county recorders that the Board of Supervisors is allegedly attempting to usurp
Battle for Election Control Escalates
Maricopa County Recorder Justin Heap has escalated his ongoing dispute with the County Board of Supervisors by filing a lawsuit alleging the board is unlawfully attempting to seize control of election administration. The legal action, filed with support from America First Legal, claims the Republican-controlled board is withholding necessary funding for the Recorder’s Office unless Heap relinquishes his statutory authority over election processes. This power struggle has been brewing since Heap took office in January 2025, reflecting deeper tensions over election management in a county that has been central to election controversies.
“Arizona’s statutes are clear: the Legislature has delegated to the Recorder, and not to the Board of Supervisors, numerous responsibilities for election administration, and the Board of Supervisors has a mandatory duty to fund the Recorder’s conduct of his duties,” said Maricopa County Recorder Justin Heap.
At the heart of the dispute is a Shared Services Agreement created under former recorder Stephen Richer that transferred significant election responsibilities from the Recorder’s Office to the Board of Supervisors. Heap claims this agreement violates Arizona law, which specifically delegates certain election duties to county recorders. Since taking office, Heap has attempted to renegotiate this agreement to reclaim his statutory powers, but these efforts have repeatedly failed, ultimately leading to the lawsuit.
Resources and Authority in Dispute
The lawsuit specifically addresses critical operational resources that Heap argues are necessary for his office to fulfill its legal obligations. These include control over IT staff managing voter registration systems and access to certain areas of the elections building for early voting administration. The Board’s recent approval of the 2026 fiscal year budget, which Heap claims does not adequately fund his office, served as a catalyst for the legal action. According to the lawsuit, the budget effectively transfers key election duties from the Recorder to the Board while deliberately underfunding the Recorder’s Office.
“The BOS is shirking its mandatory statutory duties and refuses to pay for [his] necessary expenses as evidenced by its vote and discussion on May 19th for the 2026 fiscal year tentative budget which did not fund all the necessary expenses for the conduct of [his] office,” said Maricopa County Recorder Justin Heap.
America First Legal, which filed the lawsuit on Heap’s behalf, argues that the Board’s actions threaten the integrity of upcoming elections in Maricopa County. The organization seeks declaratory and injunctive relief to compel the Board to comply with Arizona law and provide adequate funding for the Recorder’s Office. This is part of a broader effort by the organization to restore election integrity in Arizona, including previous legal actions to remove illegal aliens from voter rolls and to release voter registration information.
Systemic Election Management Concerns
The legal battle highlights ongoing concerns about election administration in Maricopa County, which has been scrutinized for its handling of previous elections. James Rogers, America First Legal Senior Counsel, didn’t mince words about the situation: “Arizona’s elections have become a laughingstock, and that’s mostly because of mismanagement of elections in Maricopa County.” This strong statement reflects the frustration many conservatives feel about election management in a county that has been pivotal in recent electoral contests.
“From day one, I promised the voters of Maricopa County that I would deliver more secure, more honest, and more transparent elections for all voters, regardless of their political party,” said Maricopa County Recorder Justin Heap.
According to America First Legal, the Board of Supervisors has “engaged in an unlawful attempt to seize near-total control over the administration of elections.” This accusation strikes at the heart of the issue – whether the Board is overstepping its authority and encroaching on duties that legally belong to the Recorder’s Office. While Arizona law typically assigns voter registration and early voting to recorders, with supervisors overseeing Election Day voting, the current dispute threatens to disrupt this balance of responsibilities. As the lawsuit proceeds, it will likely set important precedents for the distribution of election powers in Arizona counties.
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