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Arizona Supreme Court Delivers Major Win for Heap

Ruling vacates Appeals Court’s stay; reinstates Superior Court injunction

Maricopa County Recorder Justin Heap speaking with attendees at the 2024 Arizona Young Republicans State Convention at the Embassy Suites by Hilton Scottsdale Resort in Scottsdale, Arizona. (Photo: Gage Skidmore)

PHOENIX – The Arizona Supreme Court has spoken, and Recorder Justin Heap just scored one of the most significant election-law victories Arizona has seen in years.

In a unanimous July 7 order, the Court vacated the Court of Appeals’ stay and reinstated the Superior Court’s injunction, largely siding with Heap in his dispute with the Maricopa County Board of Supervisors over who actually has authority to run elections under Arizona law. For years, election responsibilities in Maricopa County were largely governed by agreements and custom. The Court’s ruling makes clear that statutory authority belongs where the Legislature placed it. Just as importantly, the Court rejected the notion that budget authority equals operational authority. Controlling the purse strings does not allow one elected office to absorb powers assigned by law to another.

Arizona created separate constitutional officers for a reason, and the Court reaffirmed those boundaries. The ruling also delivers an important clarification on the often-cited Purcell doctrine. While courts should consider the impact of election-related changes close to an election, the Arizona Supreme Court made clear that Purcell is to be used as a factor, not to override the law. Courts must still apply traditional legal standards and cannot simply invoke election timing to avoid addressing statutory violations.

The political reaction was immediate.

Recorder Heap called the decision a “major victory for the rule of law,” saying the Court rejected the Board’s legal theory and reaffirmed that Arizona’s election laws mean what they say.

Meanwhile, Board Chair Kate Brophy McGee and Vice Chair Debbie Lesko expressed disappointment with the ruling, arguing it could lead to operational changes during an ongoing election cycle, while pledging to comply with the Court’s order. Notably, Supervisor Mark Stewart struck a different tone, emphasizing cooperation and stating that the Court’s decision provides needed legal clarity regarding the respective responsibilities of the Recorder and the Board.

The appeal lane is not closed, but one thing is now clear: Arizona’s highest court has sent a strong message. The ball is now in the Maricopa County Board of Supervisors’ court as to whether this legal drama finally comes to an end. In the meantime, the Board has approved an interim election administration plan crafted by Recorder Heap’s attorney, James Rogers of America First Legal. The temporary arrangement is designed to preserve election operations while returning key statutory responsibilities to the Recorder’s Office pending final resolution of the case.

While not the final word on the dispute, the agreement provides a roadmap for conducting upcoming elections in accordance with the Arizona Supreme Court’s framework and the Superior Court’s injunction. Whether it becomes the foundation for a lasting resolution or merely the next chapter in a prolonged legal battle remains to be seen.

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Christy Kelly: Kelly is a political writer and analyst on law and culture, with a JD/LLM in Mediation. She’s a girl mom of three, wife to Curtis, and founder of Humanity Assemble. When she’s not writing or mediating, she’s hiking desert trails—where quiet skies and rugged paths help her make sense of a noisy world. Follow Kelly on Twitter / X. Email tips to Kelly.writes@icloud.com
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