Maricopa County Recorder Files Legal Motions Over Election Responsibilities

Maricopa County Recorder Justin Heap has filed new legal motions in his ongoing dispute with the Maricopa County Board of Supervisors (BOS) regarding election administration responsibilities. The motions were announced by Heap’s office on Monday.

Heap’s first filing, a motion for summary judgment, requests that the Maricopa County Superior Court order the BOS to cease withholding funds necessary for the Recorder’s office to operate, as mandated by state law. Heap argues that the BOS has transitioned from fiscal oversight to what he describes as “outright sabotage” of his office’s operations.

According to Heap’s filing, the BOS has refused to allocate funds for essential expenses, including ballot-processing equipment and IT staff, while simultaneously taking control of election functions. Heap stated, “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.”

The conflict dates back to the weeks leading up to the 2024 presidential election. Following his defeat in the July 2024 primaries, former Recorder Stephen Richer entered into a Shared Services Agreement (SSA) with the BOS that transferred key election administration responsibilities from the Recorder’s office to the BOS. Heap has since sought to renegotiate this agreement to restore his office’s authority.

Heap filed a lawsuit against the BOS in June, claiming that they unlawfully withheld necessary funds unless he relinquished significant statutory authority. In his summary judgment motion, Heap alleges that the BOS has taken retaliatory actions against him, including removing essential IT staff and restricting access to critical facilities and equipment. He warned that these actions jeopardize the proper conduct of elections in Maricopa County.

Heap emphasized the urgency of the situation, stating, “The longer the County’s elections are unlawfully administered, the greater the risk of a catastrophic failure, voter disenfranchisement, and litigation over election mishaps.”

In a related matter, America First Legal (AFL) has filed a second motion on Heap’s behalf concerning his interactions with Maricopa County Attorney Rachel Mitchell. Heap claims that Mitchell appointed a criminal defense attorney to advise him on his conflict with the BOS, which he found inadequate. After retaining AFL for pro bono representation, Heap alleges that Mitchell attempted to limit the scope of legal counsel available to him.

Heap’s legal team contends that the County Recorder has the right to choose his own attorney in litigation, a point they argue Mitchell has overlooked. In response to Heap’s lawsuit, Mitchell reportedly filed a legal complaint against him, asserting that she is the Recorder’s attorney and that Heap’s AFL attorney does not represent him in his official capacity.

Heap has asked the court to dismiss Mitchell’s complaint and to affirm his right to independent legal counsel. He argues that the actions taken by Mitchell and the BOS amount to using public office against an elected colleague for resisting their control over his budget and operations.

The ongoing legal battle highlights the tensions between elected officials in Maricopa County and raises questions about the administration of elections in a pivotal state. As the situation develops, both sides are preparing for further legal proceedings that could have significant implications for election integrity in the region.