2026 Election: Maricopa County board keeps election control, for now

PHOENIX - A legal battle over who controls election operations in Maricopa County has taken a new turn, with an appeals court ruling the Board of Supervisors may keep oversight of key election duties for now.

The decision is a win for the Board in its ongoing dispute with Recorder Justin Heap, who has argued a prior agreement improperly stripped election responsibilities from his office.

The backstory:

The conflict began in June 2025, when Heap sued the Board over the arrangement made with his predecessor.

In April, a Superior Court judge sided with Heap and ordered the Board to return control of election IT systems, servers and databases, but the Board appealed, arguing that changing election operations so close to voting could create confusion.

Meanwhjile, surveillance video and an internal HR report raised questions about the handling of election equipment at a Maricopa County facility. The materials appeared to show Recorder’s Office employees removing a scanner from the county’s Tabulation and Election Center.

Dig deeper:

On June 18, the Arizona Court of Appeals agreed to pause the lower court order. In a 2-1 ruling, the court said the injunction risked voter confusion and could disrupt election administration, citing concerns about last-minute changes ahead of voting, also known as the Purcell principle.

In the judges' ruling, they note "That principle is that courts are reluctant to order last-minute changes in election rules and procedures because they can burden election workers and complicate and create confusion in the voting experience."

 "We are going to ensure that the person in charge of our elections is the Elections Director and not the County Recorder," Maricopa County Supervisor Steve Gallardo said. "It pretty much puts a hold on any type of major changes and says, 'Hey, conduct the 2026 election as you normally would" and it ensures that voters can vote with confidence."

For the upcoming election, the Board of Supervisors will retain control of key duties, including ballot custody and tabulation, as the county prepares for upcoming elections.

What they're saying:

The Maricopa County Attorney’s Office, which represents both parties, also responded Thursday during a press conference.

 "I'm hopeful that the two sides can come together and work together for the good of the people, so that we have an election that is soundly run." Maricopa County Attorney Rachel Mitchell said.

The other side:

Heap declined a request for an interview, but issued a statement that reads:

"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."

What's next:

Recorder Heap now says he plans to ask the Arizona Supreme Court to intervene.

Meanwhile, Mitchell has appointed former Pinal County Attorney Kent Volkmer to investigate the matter.

Arizona Politics2026 ElectionsArizonaNews