On Wednesday, a dispute between Maricopa County Recorder and the Maricopa County Board of Supervisors reached a boiling point leaving the Recorder no choice but to decline a last-minute request to appear before them.
Maricopa County Recorder Justin Heap declined the demand that he appear before the Board to answer questions regarding a proposed resolution in yet another attempt by the Board to seize control over ballot drop boxes.
According to the Recorder’s Office, it was never consulted on the proposed drop box locations and only learned of them after the Board publicly posted its agenda on Tuesday. The Board then attempted to compel the Recorder to appear with less than one hour’s notice, while refusing to disclose the questions or subject matter in advance.
The Recorder’s Office believes “this was not a good-faith attempt at cooperation. It was political theater.”
“The law is not optional. The Court has already ruled that the Board does not possess unlimited authority over election administration, yet the Board continues attempting to exercise powers Arizona law assigns to the Recorder,” said Recorder Heap. “Voters deserve lawful, professional election administration, not political gamesmanship and last-minute public ambushes.”
The Recorder was given no meaningful opportunity to review the proposed locations for legal compliance, operational feasibility, or voter access concerns, nor any opportunity to consult with counsel on matters directly tied to ongoing litigation between the parties.
The Recorder’s attorney has already provided the Board with a detailed legal objection explaining that Arizona law places authority over ballot drop boxes with the Recorder, not the Board. Rather than engage in serious discussion, the Board instead chose surprise tactics and public spectacle.
The Board has already publicly stated its intention to appeal the Court’s ruling regarding election authority. That ongoing litigation creates serious legal and operational concerns, particularly this close to major elections. Given the Board’s continued litigation posture, it is entirely inappropriate to expect the Recorder to submit to an impromptu public examination on active legal disputes with virtually no notice.
Heap says he remains willing to meet in a properly noticed setting and resolve these issues professionally and cooperatively if the Board is willing to do the same.
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