Appeals court blocks changes to Maricopa County election process with early voting about to start

An Arizona Court of Appeals panel on Thursday blocked changes to the way Maricopa County elections are conducted just a week before the start of early voting for next month’s primary election.

A three-member panel determined that the Maricopa County Board of Supervisors “is very likely to succeed” in its appeal related to a lawsuit filed by Recorder Justin Heap.

The board filed an appeal and an emergency motion for a stay after Superior Court Judge Scott Blaney ruled mostly in Heap’s favor in April. The appeals court agreed to issue the stay requested by the board.

“Today’s decision by the Court of Appeals is a win for Maricopa County voters,” Supervisor Kate Brophy McGee, who chairs the five-member Maricopa County governing board, said in a statement. “The issuance of this stay order puts a hold on the lower court decision – meaning voters can expect a consistent, high-quality voting experience, and election workers will have confidence they can follow established, lawful and proven procedures.”

NEW: Court of Appeals Grants Emergency Stay in Elections Matter: "Today’s decision by the Court of Appeals is a win for Maricopa County voters," says Chair @KateMcGeeAZ.

Read the order: https://t.co/vFrYrZtlu7 pic.twitter.com/aWwnBqB4Jf

— Maricopa County (@maricopacounty) June 18, 2026

Early voting for the July 21 primary starts June 24.

Under state law, elected county supervisors and recorders share election duties. Blaney issued an injunction ordering 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 members are Republicans.

That order is now on hold after the appeals court panel approved the stay request pending the appeal by a 2-1 decision, with Judge Andrew M. Jacobs and Judge James B. Morse Jr. in the majority and Judge Brian Y. Furuya opposing the move.

“Simply put, this court order averts potential chaos at the polls that may have resulted from the lower court decision, which sought to force the county to enact broad changes in election administration in the middle of one election and on the eve of another,” Brophy McGee said of the decision.

In a statement, Heap said he plans to bring the case to the Arizona Supreme Court.

“This temporary procedural ruling was not unexpected,” he said. “It is not the final word on Arizona law. We remain confident that the courts will ultimately affirm the Legislature’s clear assignment of responsibilities to the County Recorder’s Office. We will continue fighting to ensure Arizona’s election laws are faithfully followed.”

🚨UPDATE:
Today’s 2-1 decision granting a temporary stay is not the end of this case. The Court of Appeals did not decide the ultimate question of who Arizona law assigns these responsibilities to – it simply paused the Superior Court’s injunction while the appeal moves forward.… https://t.co/9gYeZZuB6K

— Maricopa County Recorder Justin Heap (@azjustinheap) June 18, 2026

Why did Maricopa County board want to delay changes to election process?

The board had argued that it was too close the next election to implement the changes in Blaney’s injunction. The appeals court panel agreed.

“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 ruling on the board’s emergency motion says.

The ruling cites a doctrine know as the Purcell principle, which is named after former Maricopa County Recorder Helen Purcell.

Purcell herself filed a brief in support of the board’s argument that there wasn’t time to implement the ordered changes without potentially disrupting election operations.

“The Purcell principle applies here and persuades us that the Board is very likely to succeed on the merits,” the ruling says.

Heap previously asked Blaney to hold the board in contempt for not carrying out his order sooner. But on Monday, Blaney asked the parties to try working their differences out through mediation.

The appeals court stay superseded the lower court order, and the mediation conference was canceled.

Heap issued a statement Thursday afternoon.

Today’s ruling does not address the underlying dispute over the Recorder’s statutory authority and instead rests entirely on concerns about implementing changes close to an election. We respectfully disagree with the majority’s decision and note that one judge dissented. My office remains fully committed to conducting a secure, orderly, and lawful election while this litigation continues.

The Superior Court correctly held that Arizona law assigns critical election responsibilities to the County Recorder, and we remain confident that interpretation will ultimately prevail. We intend to seek immediate action from the Arizona Supreme Court and will continue fighting to ensure the law is faithfully followed and the voters of Maricopa County receive the transparent and accountable election administration they deserve.

“This temporary procedural ruling was not unexpected,” said Recorder Heap. “It is not the final word on Arizona law. We remain confident that the courts will ultimately affirm the Legislature’s clear assignment of responsibilities to the County Recorder’s Office. We will continue fighting to ensure Arizona’s election laws are faithfully followed.”

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