Heap Attorneys Call For Emergency Hearing After Criminal Investigation Of Recorder Staff

Attorneys for Maricopa County Recorder Justin Heap have filed a notice and emergency request for a hearing with the Superior Court of the State of Arizona for the County of Maricopa in its ongoing litigation with Heap.

According to the Heap’s lawyers with America First Legal (AFL), the Board of Supervisors — through its Elections Department — has criminally referred various employees of the Maricopa County Recorder’s Office (MCRO) to law enforcement for allegedly stealing expensive ballot scanning machines. But the County’s own budget documents show that the scanners belong to the Recorder’s Office. AFL’s request urges the court to promptly grant a hearing to address the County’s brazen accusations.

On June 6, 2026, officers from the Pinal County, Arizona, Sheriff’s Department appeared at the home of the chief of IT for the Recorder’s Office, informing him that he was under investigation for theft. In March, he had allegedly attempted to retrieve the MCRO’s property — two ballot envelope scanners used by the MCRO for Early Voting Services. The Board accused him and other MCRO staff of attempting to steal the machines. AFL’s notice makes clear that neither the Maricopa County Board of Supervisors nor its Elections Department has a legal claim to the machines, which were purchased entirely with MCRO funds and never transferred or given to any other department.

This latest attempt by the Board of Supervisors follows the court’s April 16 order directing the Board to return the computer servers, software, and equipment it unlawfully seized from the Recorder’s Office.

“It is astonishing that the Maricopa County Board of Supervisors is now persecuting Recorder’s Office personnel for lawfully carrying out their duties,” said James Rogers, Senior Counsel at AFL. “Senior Recorder’s Office staff should not have to work under the threat of possible criminal prosecution. And even more absurd is that their supposed crime is trying to steal scanners that already belong to the Recorder’s Office. The Board has sunk to a new low. AFL will not back down in its fight for election integrity in Arizona.”