Maricopa County Settles Year-Long Election Control Dispute
In a significant development for Arizona’s largest county, the Maricopa County Board of Supervisors and Recorder Justin Heap have reached a settlement to resolve a protracted legal battle over election control that has persisted for over a year.
The agreement, approved by the supervisors on Tuesday, largely maintains the current division of election responsibilities. Under the terms, the Recorder’s Office will manage early voting operations, while the Maricopa County Elections Department, under the supervision of the board, will oversee Election Day and emergency voting.
Jen Pokorski, the County Manager, confirmed that Heap has already consented to the settlement.
Chair of the Board of Supervisors, Kate Brophy McGee, expressed her satisfaction with the agreement, noting its importance in providing clarity for voters and poll workers across the county. “This agreement lets us do what I have wanted to do since I took office: make Maricopa County boring again — have elections that nobody worries about, has anxiety attacks about, has to ask about, but make sure that their vote is counted,” Brophy McGee stated.
With early voting underway for the July 21 primary, the new agreement is not expected to affect current operations. The board and the recorder will follow an interim election plan approved by the Arizona Supreme Court, which includes safeguards to ensure the primary election proceeds smoothly.
This interim plan temporarily grants more authority to the recorder than the actual settlement, which will dictate future elections, including the November general election.
The legal dispute began when Heap filed a lawsuit over a year ago, accusing the board of unlawfully stripping his office of responsibilities assigned by state law. Heap achieved several legal victories, including an Arizona Supreme Court ruling that found the board had illegally removed the recorder’s IT staff and systems. Learn more about the lawsuit.
The settlement includes a financial component: the board will allocate up to $21 million from existing county funds to the Recorder’s Office. Part of this amount will be used to purchase equipment and expand IT and early voting staff. Approximately $15 million will fund the development of new IT systems for the recorder, replacing the shared voter database currently in use.
“And until the recorder deploys his new system, he gets to keep using the old system,” explained Kory Langhofer, attorney for the board. “As long as that happens, as long as you’re using the old one jointly, you’ll co-own that.”
The settlement reaffirms the Recorder’s Office’s control over undisputed areas such as voter registration and signature verification. It also secures control over numerous aspects of early voting, including worker training and site selection. However, the board retains authority over early election boards, which process early ballots.
The majority of the board argued that Heap’s claims conflicted with state law and would lead to voter confusion and challenges for election workers. Nevertheless, the settlement appears to have addressed these concerns for most board members.
“It’s not perfect, but overall it provides certainty for how we move forward in running elections, and I’m all about moving forward,” Supervisor Thomas Galvin remarked, acknowledging his prior criticism of Heap.
However, the board’s lone Democrat, Supervisor Steve Gallardo, voted against the settlement. He expressed worries about the potential influence of partisan staff within the recorder’s office and the involvement of America First Legal, a firm founded by Trump adviser Stephen Miller, in the litigation.
Supervisor Mark Stewart, a Republican, was absent from the vote due to illness.
Maricopa County Superior Court Judge Christopher Coury played a pivotal role in facilitating the agreement, stepping in as a mediator in June. “I really believe Judge Coury went above and beyond staying till late last night to try to get this done,” said Board Vice Chair Debbie Lesko, noting the mediation process extended over three days.
As part of the settlement, Judge Coury will continue as a “special master” to mediate any future disputes. The settlement awaits final approval from Maricopa County Superior Court Judge Scott Blaney, who presided over the lawsuit.
—
Read More Arizona News
