Maricopa County Board approves settlement with Recorder Justin Heap, ending election fight

The Maricopa County Board of Supervisors voted 3-1 Tuesday to approve a settlement agreement with Recorder Justin Heap, ending months of bitter litigation over who controls election operations.

The deal, signed by Heap, Board Chair Kate Brophy McGee and Vice Chair Debbie Lesko on July 13, splits election duties.

The recorder will take full control of early voting while the board retains authority over Election Day voting, emergency voting, tabulation and canvassing.

The agreement also commits roughly $20.9 million in county funds to the recorder’s office, including $15 million to build a new IT system and funding for 28 new staff positions.

Attorney Kory Langhofer, who represented four board members in the legal back-and-forth, said Judge Christopher Corey spent more than 24 hours over 10 days mediating the deal through shuttle diplomacy.

“No more litigation, no more amicus briefs from us,” Langhofer told the board. “This should be the end of proceedings in the judicial forum.”

Any future disputes will go to Corey, who will serve as special master.

Vice Chair Lesko called the agreement a win for Maricopa County voters.

“I’m pleased that the board has reached a settlement with Recorder Heap to end the litigation once and for all,” she said. “So now it’s time to work together for the benefit of all of Maricopa County voters. I believe this settlement agreement is a win for the recorder. I believe it’s a win for the Board of Supervisors. But most importantly, I believe it’s a win for Maricopa County voters.”

Supervisor Steve Gallardo, the lone ‘no’ vote, questioned why Heap would abandon the 12-point plan upheld by the Arizona Supreme Court just days earlier only to accept less responsibility.

“$20 million is just part of it. He will come back for more. He will continue to come back for more,” Gallardo said. “We’re creating two different elections departments. That’s what we’re doing, and at the taxpayer’s expense.”

The settlement follows a July 7 Arizona Supreme Court ruling that sided with Heap and ordered the board to follow his election plan for the primary.

Heap issued the following statement:

“From the beginning, my objective has been simple: to ensure the Maricopa County Recorder’s statutory responsibilities are carried out in accordance with Arizona law. I am pleased we have reached an agreement that, when implemented, will restore those responsibilities and establish a clear framework for administering elections moving forward.

I want to thank Judge Scott Blaney and the Justices of the Arizona Supreme Court, whose rulings provided the legal clarity necessary to resolve this dispute and ensure this agreement reflects Arizona law. I also appreciate Judge Christopher Coury for his professionalism and dedication throughout the mediation process.

I am grateful to the employees of the Recorder’s Office, who served the public with professionalism and integrity throughout this litigation. Despite months of uncertainty, they remained focused on delivering secure, accurate, and transparent elections for the voters of Maricopa County.

Today’s agreement concludes the current litigation, but its success will ultimately be measured by its faithful implementation. My office is ready to carry out every responsibility entrusted to us under Arizona law, and we remain committed to delivering elections that are lawful, secure, transparent, and worthy of the public’s trust.”

CORRECTION: An earlier version of this story misspelled the first name of Kory Langhofer.

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