Stewart Lone Dissent in BOS Vote to Seek Stay, Appeal of Heap Win

In response to the recent Maricopa County Superior Court decision rejecting the County Board of Supervisors’ attempt to wrestle control of key election functions away from the County Recorder, the BOS just voted to pursue an automatic stay of the court’s ruling. Additionally, the Board announced that if the stay is denied, it will appeal the ruling altogether. The lone dissenting vote came from Supervisor Mark Stewart.

Before the vote, Maricopa County Recorder Justin Heap addressed the Board in his official capacity, urging members to accept the court’s decision and move forward.

“It’s impossible to divorce myself from my capacity as Recorder,” Heap said when asked to clarify his role. “So yes, I’m here in my official capacity.”

Heap framed the dispute as a prolonged and costly conflict that has hindered election administration in the county.

“For nearly a year and a half, this dispute has defined the administration of elections in Maricopa County,” Heap said. “It has wasted time, resources, and attention that could have been focused on better serving voters.”

He emphasized that the core issue was a legal disagreement over authority that required judicial resolution.

“We had a fundamental disagreement about the scope of our respective powers under Arizona law. That’s why this matter ultimately needed clarification from the court. Today, we have that clarification.”

Heap pointed to the court’s ruling as a clear directive and warned against further delays.

“The court has provided a clear and authoritative statement of the law and a path forward, not one of continued conflict, but one of defined roles, mutual respect, and lawful cooperation.”

He also referenced a prior unanimous Board resolution related to early voting responsibilities.

“Just two months ago, this Board unanimously passed a resolution vowing to return early voting back to the Recorder’s Office. Now that the court has directed the Board to follow through on that commitment, the response appears to be not action, but more delay through a costly appeal.”

Heap cautioned that continuing litigation would come at the expense of taxpayers and public trust. “Appealing this decision will only prolong this conflict, waste taxpayer money, and further erode voter confidence in our system. The voters of Maricopa County expect and deserve better.”

He closed by urging cooperation moving forward under the court’s ruling.

“My office is ready today to move forward, restore proper coordination, and ensure election administration is carried out lawfully and effectively. It’s time to put aside past disagreements and focus on delivering honest, secure, and accessible elections for all voters in Maricopa County.”

The Board meeting lasted over six hours, and Recorder Heap graciously bought lunch for all attendees – whether they agreed with him or not.