Supervisor Mark Stewart hires independent attorney ahead of meeting with Maricopa County recorder

A week after the Maricopa County Board of Supervisors voted unanimously to force Recorder Justin Heap to testify under oath, fractures are beginning to emerge on the Republican-led board.

The Board of Supervisors voted on Feb. 11 to force Heap to prepare a report and testify about conflicting election-related claims coming out of his office, including allegations that voters were disenfranchised in past elections.

Supervisor Mark Stewart, an East Valley Republican, joined every other member of the board to compel Heap to testify on Feb. 18.

But Stewart later asked Board Chairwoman Kate Brophy McGee to delay the meeting due to the “extensive” information that will be discussed.

“Expecting a complete, organized production of the items listed within four business days would be challenging for any department in the county,” Stewart wrote in a Feb. 13 letter, also pointing out that the recorder is currently helping administer a local Tempe election.

Stewart also noted that a judge recently indicated he will lift a court order that blocked the board from subpoenaing Heap’s staff to testify, effective Feb. 19. He asked Brophy McGee to delay the meeting so that Heap and his staff could testify together.

“Without the recorder’s staff present on the 18th, it is simply not possible to fully examine the topics of voter disenfranchisement, budget allocations, signatures verification procedures, or compliance questions,” according to the letter.

Brophy McGee has not responded to Stewart’s request, he wrote on social media.

Independent attorney

In the meantime, Stewart has also retained an independent attorney, separate from counsel for the entire board, to help him navigate the ongoing dispute between Heap and the supervisors over control of the county’s elections. That includes negotiations over a shared services agreement, or SSA, a contract that explains which election duties belong to the board and which responsibilities belong to the recorder.

Stewart announced the hiring after news broke that the state law that the board cited to force Heap to testify also empowers the supervisors to remove Heap from office if he refuses to comply.

Kristy Dohnel, Stewart’s spokesperson, said the implications of that law were not fully explained to the board ahead of the vote.

“I think it kind of goes back to the (state law) — the full legality, like, not being explained to him, and then just trying to get the deal done with the SSA and just having more of an independent, objective representation that can explain, make sure Mark is fully understanding all of the legality that's going on behind the different negotiations and some of the different agenda items,” Dohnel said.

Dohnel said Stewart followed the proper channels to retain the independent counsel through the Maricopa County Attorney’s Office.

The nuclear option

So far, no supervisor has publicly stated they plan to vote to remove Heap from office if he doesn’t testify.

However, the board’s official agenda states the Feb. 18 meeting would include Heap’s report and “possible action on any refusal to provide such report.”

So far, two of the five board members have publicly stated they will not vote to remove Heap, whether or not he complies with the board’s direction.

“I vehemently reject any notion that this meeting could or should be used to remove the Recorder,” Stewart said in a statement. “That is an absolute nonstarter for my office and inappropriate at any level.”

Supervisor Debbie Lesko, also a Republican, made a similar commitment via social media, though she remained committed to forcing Heap to explain “why his Chief said they were disenfranchising voters, when Heap said they weren't.”

Supervisor Thomas Galvin, a Republican, declined to comment; and Supervisor Steve Gallardo, a Democrat, did not respond to a request for comment.

In a statement, Board Chairwoman Brophy McGee indicated Heap will attend the meeting:

“I understand Recorder Heap will be attending tomorrow's hearing. I look forward to getting the complete and accurate information we requested for our review and understanding," according to the statement. "We are particularly interested in information related to voter disenfranchisement. As Recorder Heap is providing this information so the Board can budget for and administer our duties in the upcoming elections, we will be prepared to move forward. Our intention as a Board continues to be that we work together with the Recorder’s Office to administer best-in-class elections in 2026.”