Arizona Supreme Court takes action in Maricopa County elections dispute

The Arizona Supreme Court on Tuesday modified a lower court’s stay order in the ongoing dispute between the Maricopa County Board of Supervisors and Recorder Justin Heap.

The high court wants the board and recorder in the state’s largest county to work toward a settlement before it rules on Heap’s petition in his lawsuit about how elections are run. Meanwhile, early voting for Arizona’s July 21 primary elections started Wednesday.

Heap took his case to Supreme Court after an Arizona Court of Appeals panel blocked a lower court judge’s injunction ordering the board to transfer certain election responsibilities and resources to the Recorder’s Office.

The Arizona Supreme Court agreed to modify a Court of Appeals stay order so that settlement negotiations can proceed, but the justices did not rule on whether the stay should be lifted.

In addition, Heap and the board were ordered to file simultaneous pleadings about their dispute by 4 p.m. Thursday and to notify all courts involved if they reach any kind of agreement.

“We welcomed mediation, we developed a detailed transition plan, and we remain prepared to implement a lawful division of responsibilities without disrupting the upcoming election. We are encouraged that the Supreme Court is carefully considering those options,” Heap said in a statement.

Long-running legal battle between Maricopa County board, recorder continues

The dispute dates back to June 2025, when Heap sued the board in Maricopa County Superior Court over election responsibilities.

Heap has maintained that the board is overstepping legal authority, while board members have accused the recorder and his office of failing to negotiate in good faith and backing out of agreements.

Apparently, Recorder Heap is afraid of meeting with two grandmas. He has said NO to @KateMcGeeAZ and my May 20th and June 18th invites to meet saying he doesn't want recorded or public meetings. https://t.co/CMX1LJx3kX

— Debbie Lesko (@DebbieLesko) June 23, 2026

Under state law, elected county supervisors and recorders share election duties. In April, Superior Court Judge Scott 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. Richer, Heap and four of the board’s five members are Republicans.

The board then filed an appeal and an emergency motion requesting a stay order, arguing that it was too close to election season to make significant changes to how the county runs them.

The Court of Appeals agreed with the board’s argument and issued a stay pending appeal on June 18.

“The practical impacts of these changes, and even the injunction’s claim to mitigate practical harms for the voter, all demonstrate that this is no mere backroom dispute over accounting principles or organizational charts. It is, by everyone’s assessment, a live conflict hurtling toward real-world consequences in elections about to begin,” the Court of Appeals said in its ruling on the board’s emergency motion.

What does Justin Heap want from Arizona Supreme Court?

Heap now wants the Arizona Supreme Court to accept jurisdiction of the case, vacate the stay and compel the board to comply with Blaney’s injunction.

Blaney previously told the parties to engage in mediation after Heap asked him to hold the board in contempt for failing to comply with his order. But a mediation conference was called off after the Court of Appeals issued its stay.

After the Supreme Court modified the stay, Blaney reinstated his order for mediation Wednesday.

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