Maricopa County election dispute escalates over ballot drop box locations ahead of primary

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The power struggle over who controls elections in Maricopa County is heating up again.

The county recorder’s office and the Board of Supervisors are trading accusations, with each claiming the other isn’t acting in good faith as the July primary fast approaches.

What we know:

The latest dispute between Maricopa County Recorder Justin Heap and the Board of Supervisors centers on early ballot drop-off locations. With voters heading to the polls in just a few weeks, some warn the continued back and forth could impact election preparations.

"Over the last 15 months, we have had just nonstop … just problems with our current county recorder," said Maricopa County Supervisor Steve Gallardo. "He'll send threatening letters, try to scare the board, try to scare election volunteers, but he won't come and defend it."

Last Wednesday, supervisors approved a resolution setting up 237 polling sites and 12 ballot drop box locations ahead of Arizona’s July primary, a vote they say follows long-standing procedure.

Before the decision, Heap’s attorney, James Rogers, warned in a letter that the plan to install early voting drop boxes was an illegal power grab and could expose board members and staff to felony charges.

"A phone call, late or early last week, from the chairman to the recorder to say, 'Hey, we're putting together a resolution so that we can move forward on behalf of the voters,' which we're all here for, would have put this to bed before it ever got here," said Supervisor Mark Stewart.

Big picture view:

Under Arizona law, the Board of Supervisors can designate ballot drop-off sites until 7 p.m. on Election Day, while the county recorder can set up early voting locations at his office and other sites he deems necessary. The question now is whether ballot drop boxes count as early voting locations.

"We need election integrity. We need a smooth election. And we can't do it in this environment," said Maricopa County Board of Supervisors Vice Chair Debbie Lesko.

This is just the latest chapter in an ongoing power struggle. In April, a judge ruled in Heap's favor, declaring the board cannot lawfully take over the recorder’s election duties without his consent following a lawsuit by the recorder.

The other side:

In April, Heap was on John Hook's Newsmaker, and said, "When the voters elect a county officer, they have the right to expect that that officer is going to come into office with all of the powers and authority that is granted them under the law and what this essentially did was strip my office of a lot of the powers, but also make me dependent for the function of my office on the board of supervisors."

FOX 10 reached out to Heap's office for comment on this story, but we have not heard back.

What's next:

Gallardo says despite the escalating tension, the board will continue to work with the recorder's professional staff to ensure a smooth election for voters.

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