Arizona judges pause order giving election denier more control over Maricopa County elections

Arizona judges blocked a lower court order that took election duties away from the Maricopa County Board of Supervisors and assigned them to county Recorder Justin Heap, an election denier who has pushed conspiracy theories about voting in the state.

The emergency stay issued Thursday should pause a long-simmering legal feud between board officials and Heap that ignited uncertainty about how the upcoming primaries and November midterm elections would go forward in the county.

In particular, the dispute threatened early voting drop box locations across the county, with Heap objecting to the board’s approval of sites last month. Now, voters can expect the drop boxes to be available and for the election to be administered more predictably.

In a statement, Kate Brophy McGee, a Republican who chairs the Maricopa County Board, hailed Thursday’s stay as a victory for voters and election workers.

“Voters can expect a consistent, high-quality voting experience, and election workers will have confidence they can follow established, lawful and proven procedures,” she said. “Put simply, this court order averts potential chaos at the polls.”

In their ruling, the appeals judges said the lower court’s order set off “serious administrative confusion” in the county. As such, they stayed it under the Purcell Principle — the idea that courts should not change voting or election rules too close to an election to avoid confusion and chaos.

“The practical impacts of these changes … all demonstrate that this is no mere backroom dispute over accounting principles or organizational charts,” the judges, one appointed by former Arizona Gov. Doug Ducey (R) and another appointed by Gov. Katie Hobbs (D), wrote.

“It is, by everyone’s assessment, a live conflict hurtling toward real-world consequences in elections about to begin,” they continued, adding that the board will likely win its appeal of the lower court order on the merits.

Another appeals judge appointed by Ducey voted against the ruling, but did not explain his dissent.

The feud stems from an October 2024 power-sharing agreement the board made with Stephen Richer, the former county recorder. Heap sued the board over the agreement, claiming it unlawfully stripped his office of election duties, personnel and equipment.

Throughout the dispute, Heap used the lower court ruling to disrupt preparations for the approaching elections. He also challenged the board’s approval of early voting drop box locations across the county, claiming those fell under his jurisdiction.

After the board approved the sites, a lawyer from America First Legal (AFL), a law firm founded by Trump advisor Stephen Miller that is representing Heap in the case, threatened board members and poll workers with potential criminal prosecutions if they went forward with the sites.

Citing the lower court order, Heap’s lawyer also asked a state court to hold board members in contempt.

Amid his dispute with the board, Heap has laid the groundwork for potential federal meddling in Arizona. In addition to signaling support for the Trump administration’s investigation into elections in his own county, Heap has said he would “be happy” to comply with any request from the federal government to turn over voter data.

Last week, the board accused members of Heap’s office of improperly seizing election equipment and ballots — including potentially live ballots — as votes were being counted in local elections earlier this year. The Maricopa County Attorney’s Office has appointed a special prosecutor to determine whether Heap’s staff broke state law.