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[.]”
Since early 2025, I’ve been clear in meetings and in writing that the county should return to the Recorder’s prior responsibilities.
I am retaining independent counsel to advocate for transparency, integrity, and a common-sense path forward in solving this share services,…
— Mark Stewart Maricopa County Supervisor District 1 (@MarkStewart_AZ) February 16, 2026
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.
Not true. You can email me if you have questions! [email protected]
— Kristy Dohnel (@kristydohnelAZ) February 16, 2026
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.
A Call for a Pause and Clarity
This morning I sent a letter to the Board Chair requesting we postpone Wednesday’s discussion to allow time for full staff participation and so the Board can meaningfully review the sworn report, Shared Services Agreement, and signature… pic.twitter.com/ITiVfuK8Gx
— Mark Stewart Maricopa County Supervisor District 1 (@MarkStewart_AZ) February 14, 2026
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.”
2. In response to unsubstantiated rumors on purpose of meeting w/ Heap, I will NOT vote to remove the Recorder from office if he doesn't show up. However, he should explain why his Chief said they were disenfranchising voters, when Heap said they weren't.
— Debbie Lesko (@DebbieLesko) February 16, 2026
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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