Maricopa County board plans to appeal after judge rejects request for stay in Justin Heap’s lawsuit

A judge on Wednesday rejected a request by the Maricopa County Board of Supervisors to delay the implementation of his ruling in a lawsuit filed by Recorder Justin Heap.

However, the board already authorized an appeal, so the long-running legal battle remains unresolved with just over a month until early voting for Arizona’s July 21 primary elections starts June 25.

A board spokesperson told KTAR News 92.3 FM on Friday that the appeal will be filed as soon as Maricopa County Superior Court Judge Scott Blaney completes paperwork on the original case.

The dispute dates back to June 2025, when Heap, a Republican, sued the GOP-controlled board over election responsibilities.

Under state law, elected county supervisors and recorders share election duties. In April, Blaney ordered the board to restore certain responsibilities to Heap’s office that were removed as part of a deal with his predecessor, Stephen Richer.

Judge says Maricopa County board should have been prepared

On Wednesday, Blaney rejected the board’s argument that it was too close to the upcoming elections to implement the changes he ordered. The judge also admonished the board for not being prepared for the result.

“The Court finds it inexplicable that the Board of Supervisors — in the nine months since Recorder Heap filed the present lawsuit — would not have considered and planned for the possibility that the Court would rule in favor of Recorder Heap,” Blaney wrote.

Board Chairwoman Kate Brophy McGee responded to the rejection by calling Blaney’s view “unrealistic.”

“The idea that we should have planned for this outcome with massive, speculative changes to our election systems is unrealistic. You don’t overhaul operations, staffing and infrastructure in the middle of an election cycle based on a guess,” she said in a statement.

Heap, however, said his office is ready to proceed under Blaney’s ruling.

“The law is clear. The court has been clear. My office stands ready to move forward, comply with the court’s orders and prepare for secure and orderly elections in Maricopa County,” he said in a statement. “The board’s endless campaign of obstruction is not leadership. It is a reckless attempt to preserve control the board was never legally entitled to exercise.”

Today, the Superior Court denied the Board’s Motion to Stay.
The law is clear. The Court has been clear. My office stands ready to move forward, comply with the Court’s orders, and prepare for secure and orderly elections in Maricopa County.
The Board's endless campaign of… https://t.co/R7kv1oU3YT

— Maricopa County Recorder Justin Heap (@azjustinheap) May 14, 2026

Brophy McGee isn’t ready to give up the fight because she believes that altering the election process in Arizona’s largest county at this point will unfairly burden election workers and create confusion among voters.

Maricopa County board authorized appeal in advance of new ruling

When the board voted 4-1 to seek a stay last month, the motion also authorized an appeal in the event the judge ended up rejecting the request — which he did.

“Our job is to deliver secure, accurate and stable elections for Maricopa County voters. That takes careful planning and steady leadership, not rushed decisions driven by uncertain court rulings. We look forward to presenting our argument to the Arizona Court of Appeals,” Brophy McGee said.

Republican Supervisor Mark Stewart, who retained independent legal counsel for the Heap lawsuit in February, was the lone dissenter when the board authorized the stay request and appeal.

He then filed his own motion asking Blaney to order mediation before making a final ruling on the board’s filing. The judge was not swayed.

“While it appears that Supervisor Stewart filed his request in good faith, the Court has little confidence that parties will use this stay for good faith negotiations and will instead see it as an opportunity to moot the Court’s Ruling through extended delay,” Blaney wrote.

Related

1 Maricopa County supervisor opposes board's motion for stay in election lawsuitMaricopa County board votes to block ruling that stripped it of some election powersMaricopa County Recorder Justin Heap calls election lawsuit ruling 'vindication for our side'Kimberly Yee wins GOP primary for Arizona schools chief over Tom HorneMatt Orlando wins Chandler Mayor’s race as challenger Jeff Weninger concedesGov. Katie Hobbs and Andy Biggs must pick lieutenant governors ahead of Election Day