Maricopa County Board Votes to Compel Recorder Justin Heap to Testify Under Oath
Less than a week after a judge blocked subpoenas seeking testimony from staff in the Maricopa County Recorder’s Office, the Maricopa County Board of Supervisors voted unanimously to compel Justin Heap himself to testify under oath and produce a detailed report addressing allegations of voter disenfranchisement and other election-related issues.
Last week, Board Chair Kate Brophy McGee signed three subpoenas seeking testimony from Recorder’s Office staff who had previously testified in court that changes in state law and funding shortfalls contributed to voter disenfranchisement in past elections. Heap later contradicted those claims in public statements to the Board.
Board Shifts Focus to Recorder Himself
With the staff subpoenas tied up in court, the Board voted Wednesday to require Heap to testify and submit a sworn report detailing the claims raised by his office in public meetings and court proceedings, including allegations of voter disenfranchisement.
Supervisor Debbie Lesko accused Heap of repeatedly refusing to answer basic questions about election operations, budget requests, and voter services.
“This is a pattern — a pattern of refusing to answer basic questions related to his job, his budget requests, and election-related procedures,” Lesko said, adding that Heap has also provided “incorrect” information to the public.
Lesko specifically raised concerns that the Recorder’s Office has stopped voter registration assistance to senior living facilities in her district.
She said the testimony is necessary to resolve confusion and allow county officials to properly administer upcoming elections.
“I think it’s very important for the sake of the voters and for the sake of the smooth operation of not only the 2026 election, but future elections, that we figure this out,” Lesko said.
Recorder Pushes Back
“This is an apparent and naked attempt by the Board to intimidate and bully County Recorder staff and unduly influence the pending court ruling,” Heap said in an earlier statement regarding the subpoenas.
Board members countered that Heap has failed to explain several decisions made since taking office in January 2025, including why the number of rejected mail-in ballots tripled in the last election and why his office attempted to send mail-in ballots to voters who had not requested them during a special election last year, an action the Board says violated state law.
Judge Urges Cooperation
Following a brief hearing Tuesday, Judge Blaney left the restraining order blocking the staff subpoenas in place and scheduled a follow-up hearing to consider allegations that the Board is intimidating witnesses.
Blaney again urged both sides to resolve their disputes outside the courtroom.
“Courts do not like stepping into political cases like this and placing themselves between elected officials,” the judge said.
Heap’s attorney, James Rogers, has filed a separate motion asking the court to block the Board from compelling Heap to testify. The judge had not ruled on that request at the time of the Board’s vote.
“The judge’s perspective was that Heap is an elected official, the supervisors are elected officials — you’re equals,” Langhofer told the Board. “You can work this out.”
What the Board Is Demanding
Citing state law that allows boards of supervisors to require county officers to submit sworn reports on matters related to their duties, the Board directed Heap to address several issues, including voter disenfranchisement claims, signature verification practices, and the unusually high ballot rejection rate.
“So what I’m looking for in this vote is accountability — accountability to taxpayers and accountability to voters,” Brophy McGee said. “We need real information, not contradictory information.”
Maricopa County Election Dispute Enters Critical Phase
At the February 11th meeting of the Maricopa County Board of Supervisors, the Board voted unanimously to set a February 18th deadline for County Recorder Justin Heap to respond to a series of questions related to election administration. Under Arizona law, failure to respond could give the Board the authority to remove the Recorder from office. However, it is important to note that not a single supervisor has publicly stated that termination is their intent.
Despite that, tensions escalated later in the week. On Friday, February 13th, Supervisor Kate Brophy McGee issued new subpoenas to three employees within the Recorder’s Office, compelling sworn testimony. The move came just days after a judge blocked earlier subpoenas over concerns about interference with ongoing litigation, adding to public concern about the pace and posture of the Board’s actions.
On February 14th, Supervisor Mark Stewart publicly called for a pause. In a letter shared on social media, Stewart urged the Board to delay its upcoming discussion to allow full staff participation and give supervisors adequate time to review critical materials, including the sworn report, proposed Shared Services Agreement (SSA), and recent changes to signature verification procedures. As Stewart noted, these are complex operational issues that deserve thoughtful review in public meetings grounded in facts and transparency—not rushed decisions.
Stewart’s message underscored an important reality: both the Recorder and the Board answer to voters. While state law assigns the Board an oversight role to ensure county departments function properly and within financial constraints, that authority must be exercised carefully. A negotiated Shared Services Agreement remains on the table, and advancing it should be the top priority so the county can stay focused on administering successful elections—starting with the upcoming Tempe election and continuing through the fall.
This call for de-escalation came amid reported pressure from political activists Tyler Bowyer and Jake Hoffman, who urged Stewart to back away from the issue involving Heap. That dynamic only reinforces how politically charged the situation has become.
From a public-trust standpoint, the stakes could not be higher. Justin Heap is an elected official, and many voters would strongly oppose his removal by the Board rather than at the ballot box. While the law allowing termination exists, exercising that “nuclear option” would almost certainly deepen existing fractures within the Republican Party in Maricopa County and further erode confidence in local governance.
There is still a clear path forward—one rooted in cooperation, transparency, and respect for voters. If the Board and the Recorder can work together to finalize a Shared Services Agreement and resolve operational concerns without escalation, Maricopa County can deliver a best-in-class election system. Choosing collaboration over confrontation is not only the prudent course—it is the one most likely to preserve public confidence and party unity at a critical moment.
The Board has ordered Heap to deliver the report and testify at its February 18 meeting.
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