“Votebeat is a nonprofit news organization reporting on voting access and election administration across the U.S. Sign up for Votebeat Arizona’s free newsletter here. Maricopa County Recorder Justin Heap is asking a judge to hold the county’s board of supervisors in civil contempt, escalating a longstanding and messy dispute over election control as the state primary creeps closer. Heap’s filing in Maricopa County Superior Court accuses supervisors of flouting an April 16 judgment from the same bench that ordered them to return control of several election-related functions and information technology staffers to the recorder’s office. He requested that the court compel the board to quickly adhere to the recent decision via a finding of contempt — and if supervisors then fail to comply, he asked that the court levy substantial fines and give the money to his office. It adds to a spiraling saga that is amplifying concerns about how effectively top officials in the state’s most populous county, a key swing jurisdiction, will be able to administer this year’s midterm election. Heap has long contended that the board of supervisors usurped much of his power in a deal they struck with his predecessor months before he took office. He sued over the matter last year — and after months of back-and-forth in court, largely won the dispute. The board unsuccessfully moved to stay the April 16 ruling, arguing it was too close to the primary to implement the court’s directives without risking a tumultuous election. Later, they filed for an appeal, which is still pending. But in the meantime, the county feud has escalated. During a recent local election, officials butted heads over how to communicate a new voting option at polling sites. Emails show the recorder’s office and the board’s elections department disagreed over whether poll workers should verbally inform voters that they could opt to show identification at voting sites to have their mailed ballot counted faster. Then, another scuffle erupted last week over ballot drop box locations for the upcoming primary. The majority-GOP board has set such sites for years under a provision of the state’s election rulebook, and it planned to approve the locations at a May 20 meeting. But just before the supervisors met to do so, Heap, a Republican, sent a letter to the board citing state statutes that he said asserted his office’s authority over ballot drop boxes. He also warned that election workers who handle ballots deposited in “unauthorized” receptacles could face criminal penalties. That drew strong condemnation from supervisors, a majority of whom are also Republican. One, Democratic Supervisor Steve Gallardo, accused Heap of attempting to sabotage election operations. Ultimately, the board unanimously approved a slate of voting locations — including the drop box sites — for the July 21 primary. Heap cited both incidents in his filing as examples of “the board’s ongoing usurpation of the recorder’s authority.” He added that the board also hasn’t returned his office’s IT team, which was integrated into a central IT office with the board’s staff under the terms of the deal supervisors struck with the prior recorder — although supervisors recently voted to allocate money to the recorder’s office to create new IT positions. And, he asserted that the board was on track to administer elections unlawfully, questioning whether election results might hold up in court unless supervisors were forced to comply with the April 16 judgement. “Every day of noncompliance is a day in which the board administers elections in a manner this court has declared unlawful — with the attendant risks to voter confidence and to the legal validity of the election results themselves,” his lawyer wrote. Board Chair Kate Brophy McGee said in a statement that Heap’s filing “should concern every Maricopa County voter.” She added that Heap has refused to meet with the board to resolve “outstanding issues” related to administration of upcoming elections. “At every turn, Recorder Heap and his attorneys have sought confrontation rather than collaboration,” she said. “To our dedicated elections staff and poll workers, I want to assure you we have your back. To Maricopa County voters, please know the board of supervisors remains committed to ensuring an elections process that is secure, transparent, accurate and conducted fully in accordance with federal and state law.” Sasha Hupka is a reporter for Votebeat based in Arizona. Contact Sasha at shupka@votebeat.org .
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