PHOENIX — A prominent election official in one of the United States’ key swing counties has initiated legal proceedings against the governing board of Maricopa County, citing concerns that the board is attempting to assert more control over the administration of elections. County Recorder Justin Heap has filed this lawsuit in state court, supported by America First Legal, a conservative group associated with Stephen Miller.
Heap, who previously served as a Republican state legislator and has voiced concerns about election management in Arizona’s most populous county, has been in a persistent conflict with the Maricopa County Board of Supervisors. This discord revolves around an agreement proposed to allocate election responsibilities between his office and the board.
Since assuming office in January, Heap has nullified a prior agreement established by his predecessor with the board. In his lawsuit, he argues that this agreement would have curtailed his authority over election processes by limiting funding and IT capabilities crucial for the recorder’s office. Additionally, last year’s agreement transferred some control over early ballot processing to the board, an element Heap has fiercely criticized in the lawsuit.
Heap seeks judicial intervention to overturn what he deems “unlawful” board actions and demands an order to ensure the board provides essential funding. “Defending the civil right to free, fair, and honest elections for every Maricopa County voter isn’t merely my responsibility as county recorder; it’s a pivotal mission I’m devoted to achieving,” Heap expressed in a statement.
However, the board’s leadership has dismissed the lawsuit as trivial, accusing Heap of squandering taxpayer funds by pursuing court actions. Despite ongoing negotiations since earlier this year, the board claims that discussions appeared progressive after an April meeting, yet Heap subsequently returned with a set of new demands.
Heap asserts that his proposed agreement was rejected by the board in late May. America First Legal revealed that the board voted separately on a tentative budget, reallocating Heap’s key responsibilities and insufficiently funding the recorder’s office.
“Recorder Heap seems unaware of the legal obligations of his role,” Board Chairman Thomas Galvin stated, emphasizing that Arizona election laws distinctly allocate election duties to ensure checks and balances.
Following the 2020 presidential election, which resulted in President Donald Trump’s defeat, Maricopa County became a hotspot for election conspiracy theories. Although Heap has refrained from labeling the 2020 and 2022 elections as stolen, he has criticized the state’s management of early ballots and questioned the security of ballot handling and storage.
Heap’s predecessor, Stephen Richer, faced criticism within certain Republican factions for defending the credibility of the 2020 and 2022 elections when Democrats narrowly won key positions. Notably, Trump regained victory in Arizona in 2024, reclaiming several critical battleground states.