Maricopa Supervisor Obtains Independent Counsel Over Recorder Negotiations

February 16, 2026 ADI Staff Reporter
maricopa county attorney's office

One member of the Maricopa County Board of Supervisors will continue elections negotiations with the Maricopa County Recorder independent of fellow supervisors.

On Monday, Supervisor Mark Stewart announced in a press release that he obtained independent counsel to continue negotiations over the administration of election duties outlined in the Shared Services Agreement (SSA) with Recorder Justin Heap.

Stewart said he and the board agree on nearly all county business with the glaring exception of SSA implementation. He says the ongoing disagreement between the board and the recorder has been a prolonged drain on taxpayers.

“While I continue to work productively with my colleagues on all other major county matters, this issue warrants independent legal review,” said Stewart. “Retaining independent counsel ensures my position is guided by objective legal analysis and firmly grounded in Arizona law[.]”

A spokesperson for Stewart’s office said a rumor spread by ABC15, claiming Stewart received outside counsel for violating the board’s executive session, was false.

Stewart broke publicly from the rest of the board last week following their public statement criticizing Heap at length as “unreliable,” “unprofessional,” “untruthful,” and “unaccountable.”

The disagreement between Stewart and the board majority dates back to last January.

Stewart argued voters had certain expectations for the recorder’s office when they voted for Heap — expectations which the “lame duck” board made impossible to fulfill by overhauling the SSA to strip the recorder’s office of most election duties shortly before their terms concluded.

“From the beginning, the decision made in late 2024 between the general election and the installation of the incoming Recorder, to substantially strip him of his election-related duties, has been unacceptable to me,” stated Stewart. “My position has been consistent and straightforward: at a minimum, Recorder Heap should be restored to the same baseline election responsibilities exercised by the prior Recorder, with any adjustments negotiated from that starting point.”

Last Friday Stewart petitioned Chair Kate Brophy McGee, unsuccessfully, to postpone Wednesday’s meeting. That’s when the board expects Heap to heed their order and provide a report and public testimony on his office’s administration and alleged disenfranchisement.

This move by the board indicated that Heap’s refusal to obey the order may result in his removal from office. Stewart has objected to this proposed course of action as “inappropriate” and “an absolute nonstarter.”

Supervisor Debbie Lesko — who issued remarks criticizing Heap during last week’s vote to compel Heap’s testimony — clarified on Monday that she wouldn’t vote to remove Heap should he not show on Wednesday.

“Because I have no intention of voting to remove the Recorder from office, I do not have an heir apparent to that office in mind,” said Lesko. “The voters made their decision for Recorder, and I am working to get answers and resolve differences.”

Stewart concluded his press release with a plea to the board to secure smooth election operations sooner rather than later.

“My focus remains on restoring trust, ensuring statutory compliance, conducting public meetings in the open, and reaching an agreement that respects the authority of duly elected officials while maintaining efficient and secure election administration,” said Stewart.

Last week, the board offered a settlement to Heap on the SSA. That settlement would split IT duties and grant Heap control over early, in-person voting. Heap’s office has yet to act on the settlement.

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9 Comments

  1. I agree with Toby, above. Paper Ballots, No Mail In Ballots, Voter ID AND No Centralized Vote Counting AND 1-Day Voting. Thanks for the article…it’s so hard to find good reporting, and the Arizona Daily Independent does an excellent job of keeping us up to date!

  3. Kudos, Mark Stewart! Finally, someone with integrity. (Hint: it is no McGee.) Lesko is playing the ends against the middle. The BOS not only did not provide oversight to Heap’s predecessor, Richer, it defended him in court and public opinion using tax dollars. Richer went on to work with a Marc Elias organization. That should be all you need to know. If McGee wants to be County Recorder, she should run for that office.

  4. Although Debbie Lesko was my representative for many years, it’s disheartening to see how much the time spent in DC has honed her RINO double-dpeak skills. A reasonable person would expect the concept of ensuring honest elections to be something all parties could agree upon, but I guess that’s asking too much for Maricopa County today.

    • Agree with you about Lesko. She left D.C. saying she wanted to care for her elderly mother and next thing we knew, she was running for the Board of Supervisors and she’s turned into a politician, I won’t say ‘corrupt’ yet, but I will never support her again.

  6. What a mess! And this is the lead county in the state. Due to its ovewhelming number of voters, the voters of this county determine the faith of the whole state. This is where voting and votes really matter. The rest of us can only gripe about things. Obviously, there is no future for Arizona!

  7. This disgraceful behavior by MCBOS is a perfect example why AZ is so screwed up. Trying to remove an elected official for some trumped up reason? RED FLAG

    It’s right out there for all to see, but no one cares. because the MSM buries and Uniparty “Republican” crooks are in on it.

  8. How about you on the board move to paper ballots, no mail in, and voter ID. Save money and democracy.
    Until then this is all just noise and our elections are still being rigged.

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