Arizona Supreme Court gives election denier more control over Maricopa County elections

The Arizona Supreme Court has given Maricopa County Recorder Justin Heap, an election skeptic who has pushed conspiracy theories about voting in the state, increased authority to shape elections in the county.

In a unanimous ruling Tuesday, the state’s high court vacated a lower court order that barred Heap from taking greater control over county election operations before Arizona’s upcoming primaries and the November midterm elections.

“Today’s unanimous Arizona Supreme Court decision is a major victory for the rule of law,” Heap said on social media Tuesday. “The Court restored the Superior Court’s injunction, rejected the Board’s legal theory, and reaffirmed that Arizona’s election laws mean what they say.” 

Heap added that his office looked forward to delivering “secure,” “lawful” and “successful” elections going forward.

The ruling marked the latest development in a long-simmering legal feud between Heap and the Republican-controlled Maricopa County Board of Supervisors over election authorities in the county.

In a statement, Board Chair Kate Brophy McGee and Vice Chair Debbie Lesko, both Republicans, said they were disappointed in the ruling for imposing “last-minute changes in election administration during the course of an ongoing election.”

“Our primary concern has always been, and remains, Maricopa County’s 2.6 million voters,” McGee and Lesko added. “The Board will follow the law and abide by the court’s decision, and we look forward to Recorder Heap’s plans in terms of how he intends to exercise his newfound authority to administer lawful, high-quality elections this year and beyond.”

In particular, the county recorder and board’s dispute has threatened early voting drop-box locations across the county, with Heap objecting to the board’s approval of sites last month.

The state Supreme Court’s ruling doesn’t change any drop-box location, voting site or other aspects of election administration in the county for Arizona’s July 21 primaries, as the court adopted a 12-point plan Heap proposed that largely maintains the status quo. 

However, going forward, Heap — a staunch ally of election deniers who has routinely supported restrictive voting measures — will now have the final say on early voting, voter registration, the chain of custody of election records and other critically important matters for future elections, including the midterms.