Maricopa County election lawsuit settlement: Board and Justin Heap agree to $20 million deal
PHOENIX - A year-and-a-half-long legal battle between the Maricopa County Board of Supervisors and County Recorder Justin Heap was settled on July 14. An agreement signed by Heap and approved by a majority of the board divides up election duties and adds funding to the recorder's budget.
What we know:
The settlement has a price tag of more than $20 million and is set to vacate last week's Arizona Supreme Court ruling on the matter. It was approved on a 3-1 vote with one board member absent.
What they're saying:
"I'd rather spend $20 million on equipment and people to conduct a successful election than $20 million in a courtroom," said Kate Brophy McGee, chair of the Maricopa County Board of Supervisors.
Maricopa County supervisors, who voted yes on the settlement agreement reached July 14 between the board and County Recorder Justin Heap, say it is worth the cost involved.
"All the constituents, voters, wanted to stop the bickering between the Recorder's Office and the Board of Supervisors, and the litigation was costing way too much money for the taxpayers," said Debbie Lesko, vice chair of the Maricopa County Board of Supervisors.
By the numbers:
The settlement includes $15 million for an IT system within the recorder's office and funding for a total of 24 IT positions in the office.
How It's Divided:
Under the agreement, the duties will be split up as follows: Heap will handle voter registration, signature verification, and early in-person voting. The board will handle Election Day voting, tabulation of votes, and emergency voting operations.
Maricopa County Recorder Justin Heap gives sworn testimony to Board of Supervisors
Maricopa County Recorder Justin Heap gave sworn testimony to the Board of Supervisors, easing a threat of removal but maintaining that a court must still define each office’s legal duties to resolve a monthslong power struggle over election management.
The other side:
Supervisor Steve Gallardo, the board's lone No vote, spoke at length about his concerns over the future of elections in the county.
"How can folks in Maricopa County have faith in this recorder and his staff that they're not going to put their thumb on the scale when it comes to conducting our elections? That's we're going to have fair, transparent elections? I don't have confidence," Gallardo said. "We're creating two different elections departments, that's what we're doing, and at the taxpayer's expense of $20 million."
Dig deeper:
McGee countered the concern, stating the board will maintain strict oversight of the operations.
"Our role is oversight and that is what we will do," McGee said. "Mr. Heap has the resources and the equipment that he needs to do the job, and we will go forward from there."
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Big picture view:
In a statement, Heap said in part that the settlement's success "will ultimately be measured by its faithful implementation." He went on to say his office remains committed to delivering elections that are "lawful, secure, transparent and worthy of the public's trust."
What's next:
Moving forward, the mediator in this matter, Maricopa County Superior Court Judge Christopher Coury, will decide any disputes between the two parties. Any appeals of his decisions will go to the Arizona Supreme Court.
To read the entirety of the settlement, click here.
The Source: Information in this report was gathered from Maricopa County Board of Supervisors Chair Kate Brophy McGee, Maricopa County Board of Supervisors Vice Chair Debbie Lesko, Maricopa County Supervisor Steve Gallardo, Maricopa County Recorder Justin Heap, and Maricopa County Superior Court Judge Christopher Coury.