2 Maricopa County supervisors say they won’t vote to remove recorder if he doesn’t testify

PHOENIX – Two members of the Maricopa County Board of Supervisors made it clear on Monday they don’t want Recorder Justin Heap to be removed from office if he refuses to testify this week about voter disenfranchisement allegations made by his staff and other election-related matters.

However, board Chair Kate Brophy McGee said she expects Heap to appear at a special meeting called for 3 p.m. Wednesday, which would eliminate any reason to discuss his job security.

“I understand Recorder Heap will be attending tomorrow’s hearing,” Brophy McGee said in a press release on Tuesday afternoon. “I look forward to getting the complete and accurate information we requested for our review and understanding. We are particularly interested in information related to voter disenfranchisement.”

The metro Phoenix governing body voted 5-0 last week to require Heap to testify in person and under oath. Four of the Board of Supervisors’ (BOS) five members are Republicans, as is Heap.

The agenda item for the hearing motion cited Arizona Revised Statute § 11-253(a), which covers the board’s authority to remove a county officer who refuses to report to it under oath. That prompted speculation the board could be moving to remove Heap amid a long-running dispute over election-related duties.

Following up on last night's statement from Chair @KateMcGeeAZ, here is a link to the state statute the board is citing in compelling testimony from the recorder:
 https://t.co/aFXISLrZrR

— Maricopa County (@maricopacounty) February 12, 2026

Shortly after the vote, Republican District 1 Supervisor Mark Stewart sent an email bulletin to his East Valley constituents calling the meeting “a great opportunity for the public to see what’s going on and for the board and recorder to work together to create solutions for you.”

After voting for hearing, Maricopa County supervisor seeks delay

Two days later, Stewart sent Brophy McGee a letter asking her to postpone the hearing and combine it with a Feb. 23 meeting “due to serious concerns about the structure and timing.”

Brophy McGee has been saying the board needs to hear from Heap as it makes budgeting and policy decisions related to the Maricopa County election process. The midterm primaries were moved up to July 21 this year.

Furthermore, she is seeking details about accusations of voter disenfranchisement made by three Recorder’s Office officials who work under Heap.

In another development on Monday, Stewart announced he is retaining independent legal counsel related to the ongoing battle between the board and Heap over who has control over what parts of the county’s election process.

“I vehemently reject any notion that this meeting could or should be used to remove the recorder. That is an absolute nonstarter for my office and inappropriate at any level,” he said in the announcement.

District 4 Supervisor Debbie Lesko also said Monday she would not vote to remove Heap if he fails to appear at Wednesday’s hearing.

“However, he should explain why his chief said they were disenfranchising voters, when Heap said they weren’t,” Lesko, a West Valley Republican, said on social media.

It’s not clear how the other three supervisors — Republicans Brophy McGee and Thomas Galvin and Democrat Steve Gallardo — would respond if Heap spurns the board this week.

Lesko noted that she does “not have an heir apparent to that office in mind,” an apparent rebuttal to online speculation that the BOS was plotting to replace Heap with former Recorder Stephen Richer. Heap defeated Richer in the 2024 GOP primary before winning the general election that year.

Richer chimed in about the speculation over the weekend, explaining that he has been living in Boston.

“You’d have (to) drag me back kicking and screaming. I’m happier, healthier, and wealthier than I was there,” he wrote on X.

Lesko also went over some of the details about the dispute between Heap and the board, which dates back to when Heap took office in January 2025.

She said the board offered to split control of information technology with the Recorder’s Office, which is seeking full control of IT. Lesko said the board has agreed to give Heap’s office control of early, in-person voting.

“The ball is in the recorder’s court to resolve these matters; all he has to do is reply to our offer,” she said.

In his announcement Monday, Stewart described the dispute between Heap and the board as “narrow in scope but significant in principle.”

“It centers on statutory interpretation, institutional roles and the expectations voters have when they elect a county recorder. While I continue to work productively with my colleagues on all other major county matters, this issue warrants independent legal review,” he said.

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