The ongoing struggle for election control in Maricopa County has reached the courtroom once again. The dispute, which has persisted for over a year, threatens to complicate the upcoming Arizona primary election, leaving voters with uncertainty about the election process.
County Recorder Justin Heap has asked Judge Scott Blaney to penalize the Board of Supervisors with a fine of $100,000 per day. This request arises from accusations that the board has disregarded an April 17 ruling regarding the illegal withholding of IT resources from the recorder’s office.
James Rogers, representing Heap, stated, “None of the IT assets or personnel have been returned to the recorder.” The judge’s order seeks to clarify the division of election responsibilities between the recorders and supervisors, addressing the complexities of Arizona’s election laws.
Rogers further alleged that the board is preventing Heap from overseeing early voting duties, which are supposed to fall under the recorder’s jurisdiction. He expressed concern, stating, “Control over early voting has not been returned to the recorder, and there’s been, from the recorder’s perspective, basically no movement from the board to comply with any aspect of it, which is particularly concerning, given that early ballots are set to be mailed out in just over a week.”
The Board of Supervisors, however, refutes these claims. Their attorney, Kory Langhofer, remarked, “I have literally never been involved in a case where misstatements to the court were as pervasive as they are here.” He added that the board has approved funding for Heap to hire eight new IT positions and accused Heap of not taking steps to fill those roles.
Langhofer dismissed claims about a criminal investigation initiated by the board, clarifying that it is being conducted by a special prosecutor appointed by County Attorney Rachel Mitchell.
What’s next?
Judge Blaney, who has been handling this case since last summer, emphasized the importance of resolving the dispute outside the courtroom. “As I stressed before, please keep talking to each other,” he said. Despite his calls, the board and recorder have remained at odds, accusing each other of bad faith negotiations.
On Monday, an agreement was reached to engage with a mediator. Langhofer initially requested that negotiations occur on camera with board Chair Kate Brophy McGee and Vice Chair Debbie Lesko, but Rogers opposed this idea. Rogers argued that public meetings tend to become platforms for the board to grandstand.
Both parties agreed to the idea of meeting in front of an independent mediator. However, this discussion is overshadowed by broader allegations against Heap, accusing him of fostering distrust in Maricopa County’s elections. Suggestions for mediators included Cleta Mitchell, a conservative attorney linked to former President Trump, which Langhofer opposed, citing bias. Instead, he proposed a retired judge as a mediator, a suggestion that found support from Rogers and Blaney.
While Blaney had previously rejected a request for a mediator, he now supports the initiative. Without a resolution through mediation, the parties are scheduled to return to court in late June, after early ballots for the July 21 primary have been distributed.
Lawyer up
Howard Fischer
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Capitol Media Services
Earlier, a separate hearing highlighted tensions over Rogers’ advisory role to Heap in the election dispute. County Attorney Rachel Mitchell challenged the involvement of America First Legal, which represents Heap, stating that they exert excessive influence over the recorder’s office.
Mitchell argues that only her office should appoint legal representatives for the recorder. She filed a lawsuit last year contesting Heap’s decision to retain Rogers without her consent. Although Judge Blaney permitted Rogers to continue representing Heap, Mitchell now alleges that Rogers is overstepping his bounds.
Mitchell’s recent court filing calls for a restraining order to prevent further complications. She contends that America First Legal is acting beyond its scope, representing itself as the recorder’s legal counsel in all election-related cases.
Attorney Brett Johnson backed Mitchell’s stance, stating the county attorney opposes partisan legal entities advising what should be an impartial office. Rogers has countered these claims, accusing Mitchell of conflict of interest, and a second hearing has been scheduled to address these issues.
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