(The Center Square) – Maricopa County Recorder Justin Heap criticized the Arizona county’s Board of Supervisors for voting to appeal a judge’s decision that said Heap’s office was in control of critical election functions.
On Wednesday, board members voted 4-1 in favor of appealing a judge’s decision that made the board relinquish control of certain election functions in the state’s most populous county.
The Superior Court of Arizona ruled that board members needed to fund Heap’s necessary expenses and not use the county’s budget to force Heap to give up his statutory responsibilities regarding elections.
Maricopa County Superior Court Judge Scott Blaney said the board’s transfer and continued control of the recorder’s “IT [information technology] staff, servers, databases, software and websites” prevents Heap from carrying out “his statutory duties independently.”
Blaney added that it “constitutes an unlawful usurpation of the Recorder’s statutory authority.”
The judge also said Heap “has consistently expressed willingness to cooperate with the Board.”
“The Court does not see the same willingness from the Board,” he noted.
Blaney ruled the board needed to return the recorders’ IT staff, servers, databases, software and websites back to Heap or fund their replacement. Also, he said Heap maintained his authority over statutory election duties unless he delegates them.
The judge said the board could not exercise its election functions without Heap’s consent.
Board Chair Kate Brophy McGee said in a statement that the judge’s “ruling contradicts itself and injects uncertainty into the process just weeks before the upcoming elections.”
“As early voting begins this week for the May 19 jurisdictional elections, voters and election officials need clear guidance on how these elections are to be administered,” McGee said. “To protect our staff and the voters they serve, the Board has voted to seek a stay of this harmful order and, if one is not granted, to file an appeal promptly.”
The Center Square reached out to the Maricopa County Board of Supervisors numerous times, but did not hear back before press time.
Heap called the board’s appeal decision “disappointing, but not surprising.”
“The law has always been clear. The Court reaffirmed that clarity after months of deliberation. Further appeals by the Board will only extend this conflict, waste more taxpayer money and further erode voter confidence in the Board’s ability to administer elections,” Heap said.
“While the Board delays, the Recorder’s Office remains focused on delivering secure, accessible elections and stands ready to move forward in compliance with the Court’s ruling,” he added.
In an interview with The Center Square before the board’s vote, Heap said he hoped the supervisors would not appeal the ruling because he didn’t think that would be in voters’ best interests. “We need clarity as we go into this next election.”
The recorder said he is still “ready to work hand in hand with the board.”
“I will do everything I can with the board to make sure they’re successful as we are in delivering safe, secure and lawful elections that the voters can trust,” he noted.
Heap said the board’s decision to appeal could delay the case by another six months to one year.
The ongoing legal battle between the board and Heap comes in a county with a history of taking a long time to compile election results.
According to Heap, one factor preventing Maricopa County from releasing its election results on time is an Arizona law that allows people to drop off their mail-in ballots until 7 p.m. on Election Day.
If the county receives a large number of mail-in ballots arriving near the deadline, they will not be processed or verified until the following day, Heap told The Center Square.
To speed up election results, Maricopa County “streamlined the workflow” and added more staff to the signature verification process, he said.
With his new system in place, Heap said he thinks races can be called the day after Election Day rather than face long delays.
“The voters want a more trustworthy system, but they also want results faster,” Heap said. “We’re doing everything we can to make sure that we meet both those goals.”
