Court Rejects Board’s Unlawful Election Power Grab

PHOENIX, AZ – The Superior Court of Arizona has issued a sweeping ruling in favor of Maricopa County Recorder Justin Heap, rejecting the Maricopa County Board of Supervisors’ attempt to assert control over key election functions in violation of Arizona law. 

The court held that the Board’s claim of “plenary” authority over election administration is inconsistent with Arizona law, affirming the Recorder’s statutory role as the county’s principal elections officer. 

“I am grateful to the court for this clear and decisive victory for the rule of law and for the voters of Maricopa County,” said Recorder Heap. “The court confirmed that the Board cannot override state law, use funding as leverage, or take control of election duties assigned to the Recorder. This ruling restores both the authority and the resources necessary for my office to do its job.” 

“From day one, my focus has been on delivering elections that are secure, transparent, accessible, efficient, and lawful for every voter in Maricopa County, regardless of political party. I am also grateful to my legal counsel, James Rogers of America First Legal and Alexander Kolodin of Kolodin Law Group, for their fidelity to the law and dedication to ensuring election integrity. I look forward to continuing this work and strengthening public trust in our elections.” 

Key Findings of the Court: 
•    The Board has a mandatory, non-discretionary duty to fund the Recorder’s necessary expenses.
•    The Board may not use its budget authority to coerce the Recorder into surrendering statutory responsibilities.
•    The Board’s control of the Recorder’s IT systems and personnel constituted an “unlawful usurpation” of authority.
•    Arizona law establishes the Recorder as the principal elections officer in the county, and those duties cannot be reassigned without the Recorder’s consent.
•    The Court noted the Recorder’s willingness to cooperate, stating it did “not see the same willingness from the Board.”

The Court Ordered:
•    The Board must return control of IT staff, servers, databases, software, and election systems—or fund their immediate replacement.
•    The Recorder retains authority over all statutory election duties unless voluntarily delegated.
•    The Board is enjoined from exercising election functions assigned to the Recorder without consent.

“This ruling ensures that the Recorder can fully perform the duties required under Arizona law,” Heap added. “It restores the independence and operational capacity necessary to deliver secure, transparent, and accessible elections.”

The Recorder’s Office is hopeful the Board of Supervisors will fully comply with the court’s order and stands fully committed to working with the Board to ensure elections are conducted in accordance with state law. 

Download and read the full court ruling here.

Source: https://recorder.maricopa.gov/news/ElectionDutiesDispute.html