Call it the Alien vs. Predator of Arizona election official feuds: There’s a contentious legal fight brewing in Arizona’s Maricopa County, between the county’s newly minted far-right recorder, Justin Heap, and the Republican-controlled board of supervisors over election administration. (In Arizona, a county’s chief election official is known as a recorder).
In a lawsuit filed last week, Heap accused the board of supervisors of trying to seize control of Maricopa County’s elections. The lawsuit stems from months of dispute between Heap, who was elected to the position in November, and the board, over the delegation of election management responsibilities between their two offices.
In a press release, Heap said the lawsuit “seeks simply to reclaim the legal authority afforded to the County Recorder under Arizona law and ensure that my office is not further deprived of the resources necessary to perform those duties to the fullest extent possible.”
As Votebeat notes, in Arizona recorders usually run voter registration and early voting, while the board of supervisors are in charge of Election Day voting. But Arizona law allows for counties to divide up these duties between the two offices as they see fit. And that’s where the breakdown happened that led to this situation.
Heap’s predecessor as recorder, Stephen Richer, ceded to the board certain election management responsibilities and funding in an agreement before leaving office. Heap’s lawsuit claims that the board of supervisors is usurping his statutory authority in violation of Arizona law and is trying to unlawfully seize “near-total control” over the administration of elections by refusing to provide the recorder’s office with necessary funding.
But the feud escalated late Friday, when Maricopa County Attorney Rachel Mitchell sent a cease and desist letter to Heap’s attorneys at the far-right America First Legal (AFL), which was founded by White House adviser Stephen Miller. Mitchell claimed Heap didn’t have the authority to hire outside representation, and threatened to file a complaint against AFL lawyer James Rogers if he doesn’t drop Heap as a client. On Tuesday, the Maricopa supervisors voted to countersue Heap, in order to get clarity on the division of election duties.
The entire ordeal has since devolved into a volley of passive-aggressive press releases.
“This absurd lawsuit is another example of the Recorder’s irresponsible and juvenile ready-fire-aim approach to governance,” Maricopa Board of Supervisors Vice Chair Kate Brophy McGee said in one release.
“Despite their repeated misinformation and gaslighting of the public on these issues, defending the civil right to free, fair, and honest elections for every Maricopa County voter isn’t simply my job as County Recorder, it’s the right thing to do and a mission I’m fully committed to achieving,” Heap said in his own release.
“Recorder Heap was elected on a campaign platform of restoring transparency and lawfulness to elections because voter confidence in elections in Maricopa County was at an all-time low because of the chaos in election administration experienced by voters for nearly a decade,” Rogers said in another release. “Shockingly, it appears that the Maricopa County Board of Supervisors does not agree with those goals.”
I don’t know who will win, but if this feud leads to uncertainty or disruption in the voting process, voters are the ones who will lose.