Maricopa County Election Fight Escalates Over Drop Boxes and Criminal Threats
Another typically routine administrative vote by the Maricopa County Board of Supervisors turned into a public fight Wednesday after County Recorder Justin Heap’s attorney warned that election workers could face criminal exposure for helping operate ballot drop boxes approved by the Board.
The Board met to approve voting centers, emergency voting centers, and secure ballot drop box locations for the July 21, 2026 Primary Election. This is normally a procedural step required before every election. Supervisor Steve Gallardo noted that the Board takes this type of vote every election cycle, saying, “It isn’t something new. We do this every election.”
But shortly before the meeting began, Heap’s attorney, James Rogers, sent a letter arguing that only the County Recorder has authority to designate and establish drop box locations during early voting. Rogers warned that Board members, employees, and even temporary election workers or volunteers involved with “unauthorized” drop boxes could face felony charges. Maricopa County said the Board authorized 237 Vote Centers and 12 monitored Drop Boxes for the July 21 Primary Election.
That warning immediately changed the tone of the meeting.
Board members strongly objected to what they viewed as a legal threat against the low-level workers and volunteers who help run elections. Many of these workers are temporary employees earning modest hourly wages and simply doing the tasks assigned to them.
Supervisor Thomas Galvin called the threat “shocking and appalling,” adding that the county should not be in a position where workers are threatened for helping voters cast ballots. According to reporting on the meeting, Rogers argued in his letter that people involved in establishing or operating unauthorized drop boxes could be committing a class 5 felony.
The dispute is the latest development in the ongoing legal and political fight between the Board and Recorder Heap over control of Maricopa County elections. In April, Judge Scott Blaney largely sided with Heap in a lawsuit over election duties, ruling that the Board had exceeded its authority by transferring certain election resources and responsibilities away from the Recorder’s Office. The Board has since moved to appeal and has warned that changing election operations this close to voting could disrupt preparations.
At issue Wednesday was whether ballot drop boxes fall under the Recorder’s authority over early voting or under the Board’s authority as described in the Election Procedures Manual. Heap’s attorney argued drop boxes are early voting locations and therefore belong to the Recorder. County election officials pointed to the Election Procedures Manual, which says ballot drop-off locations and drop boxes are approved by the Board of Supervisors or its designee.
Board members said the Recorder’s Office had known about the proposed locations for months. They stated that county election staff had been working with the Recorder’s Office since February on election planning, including vote centers and drop boxes. Vice Chair Debbie Lesko said Heap had previously directed the Board to work with his chief of staff, Sam Stone, only to later reverse course and instruct the Board to communicate through attorney James Rogers.
Chair Kate Brophy McGee questioned who was actually running the Recorder’s Office, saying the elected official appeared to be deferring to his attorney. Heap declined an invitation to appear before the Board during the meeting, later saying it would be inappropriate to submit to an impromptu public examination while litigation is ongoing.
The Board also voted unanimously to transfer funds to create eight full-time IT positions in the Recorder’s Office. County officials said the Recorder’s Chief Information Officer has equivalent access to election systems and databases as the Board’s Elections IT team.
Supervisor Mark Stewart attempted to amend the resolution to allow Heap until June 1 to object to specific drop box locations. The motion did not receive a second. Stewart ultimately stood apart from other supervisors in his approach, while the rest of the Board sharply criticized the letter and its timing.
Galvin said the county remains stuck in a cycle of relitigating 2020 election issues and said his concern is not political fallout, but voters. Gallardo went further, accusing Heap of trying to make the election fail and saying he had never seen a situation this extreme after working with multiple previous recorders.
Lesko urged both sides to sit down publicly and work through differences, saying Maricopa County needs “smooth, fair elections” in order to maintain election integrity.
Brophy McGee closed with a direct message to Heap: “Start leading your office.”
What began as a routine vote over election logistics has now become another flashpoint in a larger battle over authority, chain of command, legal interpretation, and public confidence. The court fight may continue, but the election calendar will not stop. Voters need to know where they can vote, where they can return ballots, and whether election workers will be allowed to do their jobs without fear.
With early voting approaching, Maricopa County voters deserve clarity, cooperation, and a process focused on voters - not another public fight between elected officials.
Attorney General Kris Mayes weighs in
Arizona Attorney General Kris Mayes has stepped into a dispute in Maricopa County regarding ballot drop boxes for upcoming elections. The controversy began after Maricopa County Recorder Justin Heap objected to the installation of 12 newly approved ballot drop boxes and warned that election workers handling ballots from what he considered “unauthorized” drop boxes could face criminal penalties.
Mayes sent a letter to Recorder Heap’s legal team and members of the Maricopa County Board of Supervisors stating that the Board’s actions were lawful and consistent with established election procedures. She emphasized that approving drop box locations does not make Board members or election workers criminals.
Her argument centers on Arizona election procedures established through the state’s Elections Procedures Manual, which governs early voting, ballot collection, and storage. Mayes rejected the claim that ballot drop boxes qualify as “early voting locations.” She explained that voters cannot receive or complete ballots at drop boxes; they only deposit already completed and sealed ballots.
Mayes used an example to illustrate her point, arguing that if drop boxes were considered early voting locations, then mailboxes and mail carriers could theoretically be accused of illegal ballot collection, which she described as unreasonable.
The letter concluded with a warning to Recorder Heap against making what she called unsupported threats of criminal prosecution toward county officials and election workers.
In short, the dispute is over who has authority over ballot drop box placement and whether drop boxes legally qualify as early voting sites, with the Attorney General arguing they do not and that existing county practices remain valid.
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