PHOENIX — Just weeks before voting begins in Arizona’s next election, the Maricopa County Board of Supervisors unanimously approved ballot drop box locations despite warnings from County Recorder Justin Heap and his attorney that the action could expose election workers to criminal liability.
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The dispute marks the latest clash between the recorder’s office and the Board of Supervisors as county officials prepare for the upcoming primary election.
During Wednesday’s meeting, supervisors voted on locations for voting centers, emergency voting centers and ballot drop boxes.
“This is a vote that is taken place by this board before every election,” said Supervisor Steve Gallardo during the meeting. “It isn’t something new. We do this every election.”
Before the meeting, the board received a letter from Heap’s attorney arguing that, under Arizona law, only the county recorder has the authority to designate and establish ballot drop box locations.
The letter warned that approving the locations without the recorder’s approval “exposes the board and its employees to serious criminal liability,” including possible felony charges for election volunteers who handle the drop boxes.
“This is not the first time that the Board of Supervisors have been threatened with criminal action, but this is the first time that I can recall of our own employees and volunteers being threatened with criminal penalties, not only in Maricopa County, but in Arizona,” Supervisor Thomas Galvin said. Galvin called the threat “shocking and appalling.”
Supervisors directed sharp criticism at Heap during the meeting. Gallardo said the action by Heap is “just plain out incompetent.”
When the board asked Heap to attend the meeting and explain his reasoning, he declined. In an online statement, Heap said in part:
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“This was not a good-faith attempt at cooperation. It was political theater… The Court has already ruled that the Board does not possess unlimited authority over election administration, yet the Board continues attempting to exercise powers Arizona law assigns to the Recorder.”
“It’s absolutely outrageous to write a letter at the eleventh hour, right as the Board of Supervisors about to convene, threatening criminal penalties for running elections, for having locations for people to vote and to drop off their ballots in our constitutional republic. I am sick of this,” Galvin said.
Board members also claimed Heap and his staff were aware of the proposed locations but had not communicated with them. Supervisors said they had been instructed to communicate with the recorder only through his attorney.
“We now have the county recorder right now, who’s doing everything he can to compromise this election,” Gallardo said. “He’s doing everything he can to make it harder for people to vote.”
Supervisors also expressed concern about the effect the dispute could have on election workers and voters as early voting approaches.
“We need a smooth election, and we can’t do it in this environment,” Vice Chair Debbie Lesko said.
Despite the warnings from Heap’s attorney, the board unanimously approved the locations and called on the recorder to work with them moving forward.
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Heap said in his statement that he is willing to do so if given proper notice.