Arizona Supreme Court Seems to Side with Heap in Dispute with Maricopa County Board of Supervisors

Once again, a court has sided with Maricopa County Recorder Justin Heap in the ongoing battle with the Maricopa County Board of Supervisors.

On Tuesday, the Arizona Supreme Court issued an order directing expedited briefing in Heap’s Special Action challenging the Court of Appeals’ stay and signaling continued review of the proper allocation of election responsibilities under Arizona law.

The Court modified the existing stay to allow the Superior Court to resume court-supported settlement proceedings between the parties.

Earlier this month, the Superior Court proposed mediation before a neutral mediator. Heap agreed to participate and sought a negotiated resolution, but the Board of Supervisors withdrew from that process. The Supreme Court’s order now clears the way for those court-supported discussions to move forward.

The Court also requested briefing on whether targeted interim relief can be implemented for the 2026 Primary Election rather than maintaining an all-or-nothing approach.

Heap says his office has already presented a comprehensive operational framework. He claims it demonstrates that Arizona law can be faithfully implemented without disrupting voters or election administration. That proposal preserves continuity for voters while ensuring each office performs the responsibilities assigned to it by statute.

“Our office has consistently pursued practical solutions that protect voters and follow the law,” Heap said. “We welcomed mediation, we developed a detailed transition plan, and we remain prepared to implement a lawful division of responsibilities without disrupting the upcoming election. We are encouraged that the Supreme Court is carefully considering those options.”

Despite Heap’s efforts to resolve the dispute and the courts’ rulings in his favor, the Board has pursued litigation time and again.

Heap says he is determined to find “workable solutions,” and remains committed to reaching an agreement if possible.

Instead of mediation, board members have taken to social media to blast Heap.

Supervisor Debbie Lesko has been accused of escalating the dispute rather than working with Heap. In the daily installment of her social media diatribe, Lesko tweeted, “Apparently, Recorder Heap is afraid of meeting with two grandmas. He has said NO to @KateMcGeeAZ and my May 20th and June 18th invites to meet, saying he doesn’t want recorded or public meetings.”

Apparently, Recorder Heap is afraid of meeting with two grandmas. He has said NO to @KateMcGeeAZ and my May 20th and June 18th invites to meet saying he doesn't want recorded or public meetings. https://t.co/CMX1LJx3kX

— Debbie Lesko (@DebbieLesko) June 23, 2026

Fellow board member Thomas Galvin disputed the characterization of the ruling as a win for Heap.

“Heap falsely says the AZ Sup Crt granted his petition,” tweeted Galvin. “Justin, you can’t lie to the public about election litigation. The court said it wasn’t granting/ denying the petition. “This Court will decide whether to accept special action jurisdiction without oral argument.”

However, the court ordered a modification of the Stay Order “to allow the parties and the superior court to engage in settlement discussions and proceedings, including a settlement conference,” which is essentially what Heap had sought.