Maricopa County Board of Supervisors’ Continued Delays Force Recorder to Seek Contempt Sanctions

Forty-three days after the Maricopa County Superior Court ruled that the Board of Supervisors was acting unlawfully and ordered it to return election authority, personnel, systems, and resources to the Maricopa County Recorder’s Office, the Board is being accused of “willfully refused to comply with the Court’s order.”

On Thursday, Maricopa County Recorder Justin Heap filed an Application for Order to Show Cause asking the Court to hold the Board in civil contempt for its continuing refusal to comply with the Court’s April 16 ruling.

The Court’s order was clear, says Heap. The Board was ordered to return election IT staff, systems, databases, software, websites, and equipment to the Recorder’s control, or immediately fund their replacement. The Court further prohibited the Board from exercising election functions assigned by Arizona law to the Recorder and reaffirmed the Board’s mandatory duty to fund the Recorder’s necessary election expenses.

Forty-three days later:

• The Board has not returned the IT personnel, servers, databases, or websites the Recorder needs to carry out his statutory duties.
• The Board has refused to authorize the use of state and federal funds appropriated for election administration.
• During the May jurisdictional elections, the Board’s Elections Director instructed poll workers at Recorder-operated ballot replacement sites to disregard directions from Recorder staff regarding voter information required by Arizona law, claiming the Recorder management staff had no authority at ballot replacement sites administered by the Recorder’s Office.
• The Board adopted a resolution claiming authority over early ballot drop boxes during the early voting period despite Arizona law assigning that authority to the Recorder and despite the Court’s injunction prohibiting the Board from exercising election functions delegated to the Recorder.

The Board has not merely delayed compliance. It has continued the very conduct the Court found unlawful. Throughout this period, the Recorder’s Office repeatedly sought cooperation, proposed phased transition plans, offered resource-sharing agreements, and provided multiple opportunities for voluntary compliance. The Board rejected those efforts and continued its pattern of obstruction and delay.

The Recorder is asking the Court to order the Board to appear and explain why it should not be held in contempt, impose sanctions sufficient to compel compliance, and award attorneys’ fees and costs.

“The Court settled these issues 43 days ago,” said Heap. “Since then, the Board has refused to comply, continued exercising powers the Court ruled it does not possess, and even interfered with Recorder personnel carrying out their lawful duties at Recorder-operated election sites. The voters of Maricopa County deserve election administration that follows the law, respects the courts, and remains focused on conducting elections that are lawful, secure, accurate, accessible, and worthy of the public’s trust.”