Maricopa County Election Dispute: Recorder Seeks Court Intervention
Amid a contentious struggle over election administration in Maricopa County, Recorder Justin Heap has leveled accusations against the county’s board of supervisors, claiming they have ignored a court ruling concerning control over election-related IT infrastructure. Heap’s attorney, James Rogers, has filed a motion requesting Judge Scott Blaney to impose a daily fine of $100,000 on the board until they comply with the court’s directives.
The legal motion follows a decision by Judge Blaney over a month ago, which determined that the board had unlawfully restricted Heap’s access to necessary IT systems. Despite the court’s demand for compliance, Rogers asserts that the board has not returned any critical IT components, such as servers or databases, to the Recorder’s Office.
Judge Blaney’s order offered the board two options: restore the IT staff and systems to Heap or allocate funds for their replacement. While the board has approved the hiring of eight new IT positions and granted Heap’s Chief Information Officer certain administrative rights, Rogers argues that the board still controls essential election databases, complicating necessary system changes.
The board’s Elections Department maintains that the shared use of IT systems between the Recorder’s Office and the board complicates the separation process, suggesting it will require several months to complete. Rogers, however, claims that political motivations, rather than logistical challenges, are causing the delays. “The Board does not get to impose bureaucratic obstacles or extract concessions as the price of obeying a court order,” he stated.
In addition to the IT dispute, Rogers accuses the board of obstructing the use of $4 million allocated to the Recorder’s Office by the state legislature, alongside other grant funds. However, Judge Blaney previously ruled that the board has the authority over county budget decisions, and their refusal to approve the funding was neither arbitrary nor capricious.
Rogers also alleges overreach by the board’s elections director at ballot replacement sites and disputes the board’s approval of drop box locations for upcoming elections, arguing that state law assigns this authority to the Recorder’s Office. The board, backed by Attorney General Kris Mayes, cites the Elections Procedures Manual, which grants them the power to approve these locations.
The ongoing legal battle continues to stall resolution, with early voting for Arizona’s primary elections rapidly approaching. Board of Supervisors Chair Kate Brophy McGee attributes the deadlock to Heap’s unwillingness to engage in discussions, stating, “Instead, Recorder Heap has filed a series of court actions that should concern every Maricopa County voter.”
Heap’s attorney, Rogers, counters that it is the board that is uncooperative, referencing a May 6 letter where Heap proposed a plan for IT staff and systems transition. Under this plan, the infrastructure would have been returned to the recorder by May 22, while still allowing access to the board’s election staff until a full separation.
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