The Arizona Court of Appeals paused a lower court order that gave Maricopa County Recorder Justin Heap a legal victory over the Board of Supervisors in their ongoing election fight due to concerns the ruling would cause confusion ahead of this year’s fast-approaching elections.
Back in April, Maricopa County Superior Court Judge Scott Blaney found the supervisors acted illegally when they took away the recorder’s IT staff and systems. He also interpreted the state’s complicated web of election laws — which divide responsibilities between boards and recorders — in an attempt to resolve disputes between Heap and the supervisors over who controls what.
But that ruling did little to resolve the conflict, as Heap and the board continue to spar over election drop boxes, ballot replacement sites and an array of other election administration issues ahead of the upcoming July 21 primary.
The Board of Supervisors argued the order violated the so-called Purcell Principle. That’s U.S. Supreme Court precedent named after former Maricopa County Recorder Helen Purcell that essentially states courts should avoid making significant changes immediately before upcoming elections.
Heap’s attorney had argued that the Purcell Principle only applied to federal cases.
But two out of three judges on an appeals court panel disagreed and granted the supervisors’ request to pause Blaney’s decision as they appeal the ruling, citing Arizona Supreme Court cases that also invoked the Purcell Principle.
“That principle is that courts are reluctant to order last-minute changes in election rules and procedures because they can burden election workers and complicate and create confusion in the voting experience,” Presiding Judge Andrew Jacobs wrote.
The court determined that, without the stay, the order could create that confusion this year.
“It is, by everyone’s assessment, a live conflict hurtling toward real-world consequences in elections about to begin,” Jacobs wrote.
Supervisor Kate Brophy McGee, the board’s chairwoman, called the ruling a “win” for voters.
“Simply put, this court order averts potential chaos at the polls that may have resulted from the lower court decision, which sought to force the county to enact broad changes in election administration in the middle of one election and on the eve of another,” she said in a statement.
In a statement, Heap said he plans to ask for an immediate review by the Arizona Supreme Court.
"This temporary procedural ruling was not unexpected,” Heap said. “It is not the final word on Arizona law. We remain confident that the courts will ultimately affirm the Legislature's clear assignment of responsibilities to the County Recorder’s Office. We will continue fighting to ensure Arizona's election laws are faithfully followed."
Blaney had scheduled a follow-up hearing on June 30 to consider Heap’s request that the judge hold the supervisors in contempt for failing to follow his order. However, the stay effectively cancels that court date.
“I want everybody to understand that if the Court of Appeals issues a stay in this case, that will remove any authority I have to rule further on that motion,” he said on Monday.
Blaney also ordered Heap and the supervisors to meet with an independent mediator on Monday in an attempt to resolve their issues.
Kory Langhofer, an attorney representing the supervisors, said it is still “unclear” how the stay affects that order.
