Court Orders Maricopa County Board of Supervisors to Return Unlawfully Seized Election Systems, Restore Early Voting Authority to County Recorder

In a sweeping ruling hailed as a major win for election integrity and the independence of elected officials, the Maricopa County Superior Court has declared that Recorder Justin Heap holds exclusive statutory authority over early voting under Arizona law — and ordered the Maricopa County Board of Supervisors to immediately return the election IT staff, servers, databases, software, and websites it unlawfully seized from the Recorder’s Office nearly 18 months ago. 

The decision, issued late yesterday evening by Judge Scott A. Blaney, represents a complete vindication of Heap’s long-running battle against what America First Legal (AFL) described as political interference by the Board. If the Supervisors fail to comply, they must fund the Recorder’s acquisition of replacement systems at the Board’s own expense. 

“This ruling is a triumph for Arizona’s voters,” said AFL Senior Counsel James Rogers. “What made this case remarkable was not the legal complexity, but the Board members’ willingness to use their institutional power as a weapon against a co-equal elected County officer. The Board seized the Recorder’s systems. It blocked his funding. It subpoenaed him and his witnesses within days of the evidentiary hearing. And it invoked a statute allowing it to remove Recorder Heap from office. The court refused to reward that conduct, and rightly so.” 

The dispute traces back to the chaotic transition period before Heap — a Republican and vocal election integrity advocate — took office in January 2025. Just weeks earlier, outgoing Recorder Stephen Richer, who had lost his primary to Heap, transferred the Recorder’s entire election IT infrastructure to Board control. The Board also assumed authority over early in-person voting, a function the California Globe has previously reported as statutorily assigned to the Recorder under Arizona law. 

After negotiations collapsed, AFL filed suit on Heap’s behalf in June 2025. The court held a full evidentiary hearing on January 26, 2026. In response, the Board engaged in what Judge Blaney later characterized as “gamesmanship” and “shenanigans,” including public accusations against Heap and his witnesses, coercive subpoenas, and a last-minute motion to reopen the record — actions the judge ultimately rejected. 

This victory comes amid heightened scrutiny of Maricopa County’s election processes. 

Internal emails revealed that Arizona Secretary of State Adrian Fontes’ (D) office was bracing for a potential FBI raid on election records after the raid in Fulton County, GA. In response to the DOJ’s request for complete voter registration files, Fontes’ told the DOJ to “pound sand.”

Earlier this year, Recorder Heap publicly exposed 60 non-citizen voters on the rolls as part of a citizenship audit, drawing national attention and a scathing rebuke of Arizona’s election failures from former DHS Secretary Kristi Noem. 

Upon his election, Heap authorized the removal of  242,000 voters listed as “inactive” in the state’s voter registration database.

“The voters who elected me have spoken loud and clear,” Heap said in a written statement. “I promised to make cleaning the voter rolls a Day One priority in this office, and we’re taking swift action to deliver on that promise.”

As reported by California Globe, the Board’s alleged plans to oust Heap, the escalation of the standoff during special meetings, and broader federal probes — including the FBI’s expansion of a voting integrity investigation that included secret subpoenas of Maricopa election records amid allegations of mishandled blank ballots. 

AFL’s win restores what the organization calls “constitutional order” to Maricopa County’s election administration. “Election integrity is not just about preventing fraud at the ballot box, but also about ensuring that the officials responsible for administering elections have the independence, the resources, and the legal authority to do so free from political interference,” the group stated. 

The ruling is expected to have ripple effects across Arizona, reinforcing the independence of elected county officers against overreach by boards of supervisors. 

The full court decision is available here. AFL’s case page is here.