Maricopa County Recorder Ordered to Testify Amid Election Dispute

Conflict escalates between newly elected recorder and county supervisors over election management and voter access.

Published on Feb. 25, 2026

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A heated dispute between Maricopa County Recorder Justin Heap and the county's Board of Supervisors has escalated, with the board now requiring the newly elected recorder to provide a written report and testify under oath about conflicting statements regarding voter disenfranchisement. The controversy centers on contradictory claims about election management and voter access, with the board accusing Heap of not being transparent.

Why it matters

This case highlights the ongoing tensions and power struggles between local election officials and governing bodies, which can impact voter confidence and the integrity of the electoral process. It raises questions about the balance of authority and the need for transparency and cooperation in election administration.

The details

The board says Heap's office testified in court that a lack of resources led to some legal votes going uncounted in past elections, but Heap later told the board that no voter disenfranchisement has occurred since he took office. The board has now ordered Heap to testify under oath and provide a written report. The larger conflict involves a Shared Services Agreement that outlines how responsibilities are divided between the Recorder's Office and the Board of Supervisors in running elections. Negotiations over the agreement appeared close to completion last spring, but fell apart when Heap's office submitted what it called a "final offer" with more than 170 changes to the draft agreement, and Heap then filed a lawsuit against the board.

  • In April 2025, Heap texted supervisors after a meeting saying they were in agreement on "95%" of the terms of the Shared Services Agreement.
  • Weeks later, Heap's office submitted what it called a "final offer" with more than 170 changes to the draft agreement, and Heap then filed a lawsuit against the board.

The players

Justin Heap

The newly elected Maricopa County Recorder who is at the center of the dispute with the county's Board of Supervisors.

Maricopa County Board of Supervisors

The governing body that oversees election operations in Maricopa County and is in conflict with Recorder Justin Heap.

Thomas Galvin

Maricopa County Supervisor for District 2.

Debbie Lesko

Maricopa County Supervisor and Vice Chair for District 4.

Kate Brophy McGee

Maricopa County Supervisor and Chair of the Board of Supervisors.

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What they’re saying

“We're not hearing from a guy who filed a lawsuit against us. This is planting our flag — if we don't hear from you. This is how elections are supposed to be done, because we still have to follow statutes.”

— Thomas Galvin, Maricopa County Supervisor, District 2 (abc15.com)

“Justin Heap wants control of all IT functions; we offered to split them. He wants control of in-person early voting; we're fine with that. This is a fair offer. The ball is in the Recorder's court. All he has to do is reply.”

— Debbie Lesko, Maricopa County Supervisor and Vice Chair, District 4 (abc15.com)

“Justin Heap likes to make a big deal about separation of powers, yet he repeatedly runs to the judicial branch to intervene in matters that should be worked out between elected officials. Since Mr. Heap has not provided a serious response to our latest SSA offer, we felt it was important to state publicly and transparently how we will go about navigating some of the most contentious issues between our respective offices.”

— Kate Brophy McGee, Maricopa County Supervisor and Chair of the Board of Supervisors (abc15.com)

“I understand that we need to cooperate, but I'm not willing to hand my statutory authorities over to the board of supervisors.”

— Justin Heap, Maricopa County Recorder (abc15.com)

“I've worked in elections. I've worked with recorders from both major political parties. I've never seen a recorder so blatantly and flagrantly thumb his nose at the voters by not being transparent, by refusing to answer questions until he's literally compelled by law to show up. That said, I look forward to reading the report Recorder Heap and his team compiled.”

— Steve Gallardo, Maricopa County Supervisor, District 5 (abc15.com)

What’s next

The judge in the case will decide on Tuesday whether or not to allow Justin Heap to continue to refuse to testify under oath as ordered by the Maricopa County Board of Supervisors.

The takeaway

This case highlights the ongoing tensions and power struggles between local election officials and governing bodies, which can impact voter confidence and the integrity of the electoral process. It raises questions about the balance of authority and the need for transparency and cooperation in election administration, as well as the role of the courts in resolving such disputes between elected officials.