Maricopa County Recorder Justin Heap and the Board of Supervisors will sit down with an independent mediator after a judge reinstated an order requiring both sides to make a “good faith” effort to resolve their ongoing election dispute outside of the courtroom.
Last week, Judge Scott Blaney ordered Heap and the supervisors to meet for a settlement conference with Judge Christopher Coury. But he canceled that directive after the Arizona Court of Appeals took over the case and issued a stay, which paused an earlier order that had given Heap a significant victory in their legal dispute over control of the county’s elections.
In an order issued Tuesday, Arizona Supreme Court Justice John Lopez modified the appeals court’s stay “to allow the parties and the superior court to engage in settlement discussions and proceedings, including a settlement conference.”
Blaney reinstated the mediation order Wednesday after the Arizona Supreme Court weighed in on the case.
“Plaintiff Recorder Heap and Defendant Board of Supervisors shall appear and fully participate in good faith in a settlement conference before the Honorable Christopher Coury at a date and time to be determined by Judge Coury,” Blaney wrote.
The judge did not set a date for the mediation meeting.
Both sides said they are ready to engage in negotiations.
“Our office has consistently pursued practical solutions that protect voters and follow the law,” Heap said in a statement. “We welcomed mediation, we developed a detailed transition plan, and we remain prepared to implement a lawful division of responsibilities without disrupting the upcoming election. We are encouraged that the Supreme Court is carefully considering those options.”
The board had backed out of mediation following the Appeal’s Court stay, even though Blaney said nothing would prevent both sides from meeting without a court order.
But Chair Kate Brophy McGee said the supervisors are ready to meet with Heap and Coury.
“Early voting for the 2026 Primary Election begins today,” Board Chair Kate Brophy McGee said in a statement. “As we have said for months, time is of the essence to resolve Mr. Heap’s lawsuit in a manner that is consistent with the law, protects voters, and upholds the highest standards for election procedures. To that end, the Board of Supervisors welcomes mediated negotiations led by Judge Coury. We will make ourselves, our staff, and our attorneys available to begin these discussions as quickly as possible.”
Lopez’s order did not say when the Supreme Court will decide whether to accept Heap’s appeal asking it to reverse the appeals court’s stay.
Heap wants the high court to reinstate Blaney’s order that would require the Board of Supervisors to hand certain election responsibilities back to the Recorder’s Office and restore his IT staff and systems, which would require the county to split up interconnected election databases as early voting begins in the July 21 primary.
The order also directs both sides to brief the Supreme Court on key election dates, disputed duties and the viability of potential temporary compromises to get through this election season.
