Heap Big Trouble
With early voting for the July 21 primary only weeks away, another chapter has been added to the ongoing dispute between Maricopa County Recorder Justin Heap and the Maricopa County Board of Supervisors.
The latest controversy centers on a ballot envelope scanner removed from the Maricopa County Tabulation and Election Center while election results were being tabulated during the March Tempe election. According to Board Chair Kate Brophy McGee and Vice Chair Debbie Lesko, security footage showed two Recorder's Office employees loading the scanner into a personal vehicle and leaving the secure facility. The scanner reportedly was returned approximately 50 minutes later after county election officials alerted Recorder's Office leadership.
County officials say they could not determine what occurred while the scanner was outside the secure facility. Because election equipment is subject to strict chain-of-custody requirements, the Board determined the scanner had been compromised and spent approximately $70,000 to replace it. Investigators also reviewed the removal of several provisional ballot affidavit envelopes, although a subsequent count found that all ballots and envelopes were accounted for.
Following an internal Human Resources investigation, that Heap refused to participate in, the matter was referred to the Maricopa County Attorney's Office, which appointed a special prosecutor because of a conflict of interest. According to court filings, Pinal County deputies later informed Maricopa County Recorder's Office Chief Information Officer Bryan Colby that he was under investigation.
Recorder Justin Heap argues that the scanners belong to his office because they were purchased using early voting funds and says his employees were attempting to retrieve equipment needed for upcoming elections. Heap has asked Superior Court Judge Scott Blaney to halt the criminal investigation, order the return of the scanners, and prevent what he describes as retaliation against Recorder's Office staff.
County budget documents, however, indicate that funding for the envelope scanners came from the Elections Department budget, which is under the authority of the Board of Supervisors. Former Recorder Stephen Richer reportedly did not include the scanner purchase in his own budget request, while Elections Director Scott Jarrett presented the expenditure. According to county officials, the Board also sent an email to the Recorder's Office in March informing them that the scanner was not property of the Recorder's Office.
Former Maricopa County Recorder Helen Purcell, who served in the office for 28 years, said she had never heard of anything like the incident. When asked whether she had ever heard of a staff member taking election equipment off-site, Purcell responded, "No, I have not. I did this for a long time. I have never heard of anything like that."
Purcell also supported the decision to replace the scanner, noting that once chain of custody has been compromised, confidence in the equipment is jeopardized.
"If you don't know if the machine has been corrupted, are you going to use that machine? When you have no idea? I don't think so," Purcell said.
Board Chair Kate Brophy McGee expressed similar concerns.
"I was shocked. I thought this is the most incredibly bad judgment on the part of someone to do this," she said.
It is important to note that materials associated with an active election were temporarily outside the prescribed chain of custody while the scanner was removed from the secure facility. Although election officials later determined that all ballots and envelopes were accounted for, chain-of-custody procedures are fundamental to election integrity and public confidence. Even the appearance of a break in those procedures raises legitimate concerns and warrants a thorough investigation.
This latest dispute also highlights a broader disagreement over the roles of the Recorder and the Board of Supervisors. Arizona law assigns election responsibilities to both entities, and the public benefits from transparency and oversight rather than concentrating authority in any single office.
The allegations surrounding the scanner are serious. If investigators determine that county-owned equipment valued at approximately $70,000 was improperly removed, significant criminal penalties could potentially apply. That determination, however, belongs to investigators and the courts, not politicians or the media.
Ironically, this controversy follows warnings issued by Heap's office suggesting that election workers who carried out their assigned duties involving early ballot drop boxes could face Class 5 felony charges. Now, some of the same legal questions are being directed toward personnel within the Recorder's Office itself.
At this point, the central issue is whether the equipment belonged to the Recorder's Office or the Elections Department and whether established chain-of-custody procedures were violated. Those questions remain unresolved and are now in the hands of investigators and the courts.
Regardless of where one stands politically, the spectacle unfolding in one of the nation's largest election jurisdictions is troubling. Public confidence in elections depends upon cooperation, transparency, and strict adherence to chain-of-custody procedures. With early voting beginning later this month, voters deserve answers, accountability, and an election process focused on serving the public rather than continuing a seemingly endless cycle of lawsuits, accusations, and political brinkmanship.
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