Judge won't stop Maricopa County supervisors from forcing Recorder Heap, staff to testify

The Maricopa County Board of Supervisors will re-issue subpoenas requiring Recorder Justin Heap’s staff to testify about conflicting voter disenfranchisement claims after a judge allows a court order blocking the subpoenas to expire next week.

Under state law, the supervisors and recorder share election administration duties and the two sides have sparred for over a year over how those responsibilities should be delegated – leading Heap to sue the board over the summer.

Board Chairwoman Kate Brophy McGee originally issued subpoenas to three members of Heap’s staff last week, but Judge Scott Blaney temporarily blocked them over concerns they could interfere with an ongoing lawsuit Heap filed against the board over control of the county’s elections.

In an order issued Friday, Blaney dissolved the temporary restraining order, effective Feb. 20.

“With today’s court ruling, I will also re-issue subpoenas for three members of his staff,” Brophy McGee said in a statement.

Blaney also declined Heap’s request to block the board from forcing him to prepare a report and testify to the board about a litany of election issues, including the voter disenfranchisement claims.

The board voted unanimously on Thursday to require Heap to testify, citing a state law that allows boards of supervisors to “require any county officer to make reports under oath on any matter connected with the duties of his office.”

That law also gives the board the power to remove “an officer who neglects or refuses to make the report.”

Brophy McGee argued the testimony from Heap and his staff is needed to clear up confusion about the state of the county’s elections after the recorder’s chief of staff and voter registration director claimed in court that a lack of resources and changes to state law led some legal votes to go uncounted in past elections.

Heap later contradicted those claims, telling the board no voter disenfranchisement has occurred since he took office last year and speculating, without evidence, that votes may have gone uncounted under prior recorders.

“Under state law, the Board of Supervisors and the elected Recorder share responsibilities for election administration. It’s critical that our offices are operating from the same set of facts to serve voters,” Brophy McGee said in a statement.

The Recorder’s Office did not respond to a request for comment.

Heap previously called the subpoenas “an apparent and naked attempt by the Board to intimidate and bully County Recorder staff, and unduly influence the pending court ruling.”

The board required Heap to testify at a hearing on Feb. 18.