PHOENIX — A legal battle over election authority in Maricopa County intensified as County Recorder Justin Heap has asked a judge to hold the Maricopa County Board of Supervisors in civil contempt, alleging the board has failed to comply with a court order governing election responsibilities.
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In a new court filing, Heap is asking the court to impose sanctions of $100,000 per day against the Republican-controlled board, arguing supervisors have not followed an April ruling that largely sided with the recorder in an ongoing dispute over election administration.
The conflict stems from a lawsuit Heap, a Republican, filed after taking office, challenging an agreement that transferred certain election-related responsibilities from the recorder’s office to the Board of Supervisors.
In an April 16 ruling, Maricopa County Superior Court Judge Scott Blaney found that the board acted unlawfully by taking control of personnel, systems, and equipment belonging to the recorder’s office and refusing to return them. The judge also determined that the recorder has authority over early in-person voting. At the same time, the Board of Supervisors remains responsible for selecting Election Day voting locations, providing polling places, and hiring poll workers.
The board has appealed the ruling.
In a statement issued Friday, the Board of Supervisors criticized Heap’s latest filing.
“Recorder Heap has filed a series of court actions that should concern every Maricopa County voter,” the statement said. “Now he seeks civil contempt charges against the Board of Supervisors and assessment of a $100,000/day fine against county taxpayers.”
Neither Heap nor members of the Board of Supervisors agreed to be interviewed Friday.
The dispute has exposed deep divisions between the recorder and county supervisors in recent months.
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Three of the county’s four Republican supervisors have publicly accused Heap of being misleading about the election dispute.
Supervisor Thomas Galvin has also criticized Heap’s handling of the lawsuit, saying the recorder failed to respond to settlement offers and was unnecessarily spending taxpayer money on litigation.
Heap, however, argues that continued noncompliance with the court’s order threatens public confidence in elections.
In the filing, Heap’s attorney wrote that “every day of noncompliance is a day in which the Board administers elections in a manner this Court has declared unlawful — with the attendant risks to voter confidence and to the legal validity of the election results themselves.”
Heap is also seeking an order directing that any fines collected be provided to the recorder’s office “to spend in the discharge of the duties of his office as he judges fit,” according to the filing.
The legal fight comes as Maricopa County prepares for the July 21 primary election. Early voting is scheduled to begin June 24.
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A judge has not yet ruled on Heap’s request for contempt sanctions.