Maricopa supervisors authorize motion to dismiss and counterclaim in dispute over election authority

The Maricopa County Board of Supervisors voted unanimously to authorize the board’s outside counsel to file a motion to dismiss and a counterclaim seeking declaratory relief related to the HEAP lawsuit, the board said during a roll-call vote after an executive-session discussion.

The action, moved during the board’s public meeting item on administration of elections, directs outside counsel to seek court clarity on the division of election duties between the Board of Supervisors and the Maricopa County Recorder’s Office. Board members said attempts to negotiate a shared-service agreement with Recorder Heap had failed, prompting the legal response.

Why it matters: the supervisors framed the court filing as necessary to clarify statutory responsibilities for conducting elections and to ensure Maricopa County is prepared for upcoming elections. Chairman Galvin said the step is aimed at protecting voters and the county’s election operations. "We don't start fights at the board of supervisors, but we finish them," Galvin said, and added the board is "committed" to voters and to following the rule of law.

Board action and vote: The motion authorized the board’s outside counsel to file both a motion to dismiss the existing lawsuit and a counterclaim for declaratory relief in the HEAP case. The motion was seconded by Supervisor Lehi and carried on a unanimous roll-call vote. During the roll call supervisors spoke individually to explain their votes. Supervisor Stewart said the board was seeking statutory clarity and said, "I'll be voting yes." Vice Chair Brophy McGee said the action should provide a path to relief for election staff and stated, "I vote aye." Supervisor Lesko said he wished negotiations with Recorder Heap had reached agreement but supported the motion so the courts can clarify responsibilities, and said, "I vote aye." Supervisor Gallardo voiced concern about plaintiffs' selection of outside counsel and said, "She decides, who outside counsel is, not, elected officials other elected officials here in the county," while also saying he was supportive of the board’s motion. Chairman Galvin praised outside counsel Corey Langhofer and said the board had run "flawless elections" in 2024 and was preparing for 2026.

Discussion versus decision: Board members described a history of attempts to reach a shared-service agreement with the recorder’s office but said negotiations were unsuccessful. Several supervisors emphasized that the board and the recorder both want secure and accurate elections but disagreed about who has authority in specific areas. The approved action is a formal legal step; several supervisors framed it as a way to obtain definitive guidance from the courts rather than an operational change to election administration at this time.

Next steps and context: The county will proceed with filings in the HEAP case and await the Superior Court’s review and rulings. Board members said the outcome will clarify statutory roles for election administration; no operational changes were described in the meeting beyond pursuing the court action. The board thanked Corey Langhofer for legal counsel and expressed respect for Recorder Heap’s employees while contesting some actions by the recorder’s office and the plaintiffs. The motion carried and the meeting adjourned.