A judge has intervened in the latest dust up between the Maricopa County Board of Supervisors and Recorder Justin Heap by temporarily blocking subpoenas that would have required the recorder’s staff to testify before the board about allegations that voters were disenfranchised in past elections.
Board Chairwoman Kate Brophy McGee signed the subpoenas earlier this week after several members of Heap’s staff claimed in court last month that changes to state law and a lack of resources caused a small number of legitimate votes to go uncounted — claims Heap seemed to contradict in testimony before the board a few days later.
“We can't do our job with incomplete or conflicting information,” Brophy McGee said in a statement after issuing the subpoenas.
Heap accused Brophy McGee of trying to intimidate his staff, as the board and recorder continue to battle in court over control of the county’s elections. The subpoenas had required Recorder Chief of Staff Sam Stone, Senior Voter Registration Director Janine Petty and Chief Information Officer Bryan Colby to produce evidence backing their claims and testify before the board on Monday.
Shortly after Brophy McGee signed the subpoenas, Heap’s attorney asked the judge overseeing that case to block them.
Maricopa County Superior Court Judge Scott Blaney issued a temporary restraining order blocking the subpoenas.
Brophy McGee is allowed to issue subpoenas under state law to force testimony or the production of evidence related to activities, like elections, that are under the Board’s authority.
But Blaney said he has serious concerns that the chairwoman’s actions could interfere with the ongoing case.
The judge acknowledged he has yet to hear the board’s side of the story, “but the Court is concerned that such an action, taken by an opposing party so close in time to this Court’s hearing, and focused directly upon the testimony of witnesses who appeared before this Court, amounts to retaliation, and interference in these proceedings.”
“This Court has a duty to protect the integrity of these proceedings and the witnesses that appear before it,” Blaney added.
In a statement, Brophy McGee defended her decision.
“The Board of Supervisors is elected to supervise county affairs,” she said. “Important allegations and contradictions about county business have emerged over the last two weeks regarding budgetary and election processes, including claims of voter disenfranchisement. We are happy to discuss these issues to the court in due course, but the Board must ultimately get to the bottom of these questions and ensure the county is running well.”
Blaney scheduled a hearing next Wednesday to further litigate the issue.
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