In a unanimous 7-0 decision, the Arizona Supreme Court ruled on Tuesday that the Maricopa County Board of Supervisors (MCBOS) must return parts of Maricopa County Recorder Justin Heap’s office that they had taken away from him. “[T]he Board cannot use budgetary authority to usurp an independently elected officer’s statutory functions,” the court held.
“HUGE WIN IN THE AZ SUPREME COURT,” Heap posted on X. “Today’s unanimous Arizona Supreme Court decision is a major victory for the rule of law. The Court restored the Superior Court’s injunction, rejected the Board’s legal theory, and reaffirmed that Arizona’s election laws mean what they say. We look forward to moving ahead and delivering secure, lawful, and successful elections.”
America First Legal (AFL) represented Heap, along with State Rep. Alex Kolodin (R-Scottsdale), who is running for Arizona Secretary of State. AFL posted on X, “For over a year, we’ve fought for AZ election integrity with Maricopa County Recorder Justin Heap. Today, the AZ Supreme Court confirmed we were right all along — ruling the Board of Supervisors can’t take his authority and must give him the resources to do the job.” The MCBOS has attempted unsuccessfully to remove AFL as Heap’s legal counsel.
The MCBOS responded with their own statement. Chair Kate Brophy McGee and Vice Chair Debbie Lesko posted on X, “The Board is disappointed with today’s decision by the Arizona Supreme Court because it reverses the stay order in Heap v. Galvin, et al, and directs last-minute changes in election administration during the course of an ongoing election.”
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