The Maricopa County Superior Court granted Maricopa County Recorder Justin Heap a temporary restraining order against the Maricopa County Board of Supervisors.
The order issued on Thursday prevents the board from pursuing the subpoenas it served on three members of Heap’s staff earlier this week. Heap had filed a request for court intervention.
The subpoenas came days after the court held its final evidentiary hearing in the case between the county recorder’s office and the board of supervisors over election administration powers.
The board’s subpoenas demanded Heap’s staff members produce documents pertaining to their testimonies given during last week’s evidentiary hearing within 72 hours. One of the subpoenas also required an employee to appear before the supervisors for an in-person testimony.
Board Chair Kate Brophy McGee accused Heap and his staff members of issuing contradictory statements about voter disenfranchisement. McGee also claimed Heap’s staff admitted to giving false testimony.
McGee arranged for the staff members to stand for questioning before the board in a public hearing next Monday.
“Disenfranchisement is a legal term that means being denied or deprived of the right to vote,” said McGee. “I specifically asked Recorder Heap about his testimony in a public meeting last week and he contradicted what his employees said in court.”
Statement from Chair @KateMcGeeAZ on election hearing next Monday: pic.twitter.com/eoJqvgYLui
— Maricopa County (@maricopacounty) February 4, 2026
Heap responded in a statement made to social media on Tuesday with accusations that the board of supervisors was targeting his staff through intimidation and bullying in an effort to sway the court ruling.
“Their actions are beyond inappropriate,” said Heap. “My staff has bent over backwards to work with the Board, yet despite our earnest efforts the Board continues to engage in unhinged, emotional, and unprofessional behavior.”
This latest ruling from the court appears to agree with Heap’s assessment.
🚨 BREAKING ELECTION INTEGRITY UPDATE
My office is currently involved in an Election Integrity lawsuit against the Maricopa County Board of Supervisors for their unlawful seizure of my statutory duties.
Late today, I learned that the Board has subpoenaed my staff — the same… pic.twitter.com/SN0wGcmlid
— Maricopa County Recorder Justin Heap (@azjustinheap) February 4, 2026
Maricopa County Superior Court Judge Scott Blaney, who issued the temporary restraining order, said the supervisors’ action was concerning at the very least and potentially interfering with the court’s pending ruling.
“[T]he Court is concerned that such an action, taken by an opposing party so close in time to this Court’s hearing, and focused directly upon the testimony of the witnesses who appeared before this Court, amounts to retaliation, and interference in these proceedings,” said Blaney.
Blaney agreed with Heap’s assessment that the subpoenas would cause “immediate and irreparable injury.”
The judge scheduled an in-person hearing to show cause next Wednesday.
It appears the court’s temporary restraining order hardly phased the supervisors.
Board Chair McGee indicated in a response to Blaney’s order that the supervisors would continue to question Heap’s staff over their evidentiary hearing testimonies.
“Important allegations and contradictions about county business have emerged over the last two weeks regarding budgetary and election processes, including claims of voter disenfranchisement,” said McGee. “We are happy to discuss these issues to the court in due course, but the Board must ultimately get to the bottom of these questions and ensure the county is running well.”
NEW: Statement from Chair @KateMcGeeAZ on court order in Heap v. Galvin. pic.twitter.com/NXFNmLk9uL
— Maricopa County (@maricopacounty) February 6, 2026
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