Elections officer seeks contempt order against county board

According to Heap, the board has still not complied since the judge ruled supervisors must hand back control of certain election functions to the Recorder's Office.

The Phoenix-based board, which governs Arizona's most populous county, is currently appealing the judge’s decision.  

Heap told The Center Square that the board has been given ample time to comply with the court order.

But he added the board “seems intent on trying to hold on to the powers that the court” has already told the board it doesn’t have and “keep everything the same until [the county is] too far into this election [cycle] to make substantial changes.”

"Seeking a contempt order was not my first choice," Heap said."For more than a year, my office has repeatedly attempted to resolve these issues through meetings, proposed Shared Services Agreements, direct negotiations and even offers of mediation."

“Unfortunately, despite a clear court order, key personnel, systems and resources necessary for the Recorder's Office to perform what is our statutory duties have still not been returned,” he added.

If the court finds the board members in contempt, Heap said the judge will “give them a specific timeframe to comply with things that are asked.”

“We just want the board to comply with what they were ordered by the court,” he said.

This ongoing dispute between the board and his office is “not helpful to the good administration of elections,” he noted.

Supervisor Mark Stewart told The Center Square this week that he thought Heap’s legal action seeking to hold the board in contempt was “a little aggressive.”

“I understand his frustration with [the board] not accepting the order, but at the end of the day, voters don’t really care about all this infighting,”  he said.

Stewart noted that Heap’s actions are hurting relationships between the two sides, adding that legal action is not the best way to resolve the dispute.

The board and Heap should have been having these conversations back in 2025, Stewart said.

After Heap sued the board, Stewart said people “dug their heels in” rather than “getting serious” about negotiations. “It’s unfortunate."

“The court has provided clarity. It’s our responsibility to provide leadership." Stewart told The Center Square. "What I’ve noticed is that when communication breaks down, trust breaks down. When trust breaks down, voters lose confidence, and that’s where we’re at today. There’s no winner in this."

He noted board members will “likely meet as a group” to get a legal briefing next week.

Heap said he has not had any conversation with board members since filing the legal request.

However, he told The Center Square that he has requested the board “schedule a meeting with both parties, their staff, and their respective legal counsel to discuss an operational plan for the coming election.”

“Some members of the board are calling for a series of televised public meetings to discuss election administration," Heap said. "The court has encouraged the parties to work together, and I agree with that objective. But public hearings are designed for public debate, not negotiation."

Heap noted he is prepared to work with board members “at any time to ensure successful elections for Maricopa County voters.” However, he said board members need to “be willing to accept the court’s ruling and return the staff, systems and resources [the Recorder's] office needs to carry out [the recorder's] statutory duties.”

Despite the ongoing dispute between Heap and board members, Heap said he thinks “both sides want to make sure [the county has] smooth and clean elections.”

The recorder said the dispute “will not affect how people vote.”