Maricopa County supervisors authorize motion to dismiss, file counterclaim in dispute with county recorder

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 in a lawsuit involving the county recorder, the board said at the end of a public meeting.

The action, approved on a roll-call vote with each supervisor given the opportunity to explain their vote, comes after months of unsuccessful efforts to reach a shared-services agreement between the board and the Recorder’s Office and follows the filing of litigation that the board says raises questions about which office is the officer in charge of elections.

Supervisor Stewart, who spoke during the roll call, said the board had “deliberated for quite some time” and that it was unfortunate the parties could not finalize a shared-services agreement. “Now we will get statutory clarity on what the legislature meant by officer in charge of elections,” Stewart said, adding, “I’ll be voting yes.”

Vice Chair Brophy McGee said staff face difficulties administering elections under the current uncertainty and expressed hope the counterclaim would provide a “path to relief” so Maricopa County can continue to conduct “model elections.” Brophy McGee cast an affirmative vote.

Supervisor Lesko said board members had tried repeatedly to negotiate with the recorder and that legal resolution was now necessary to clarify duties between the Recorder’s Office and the county elections department. “We need to make sure that we are ready for the 2026 election for the sake of our Maricopa County voters,” Lesko said before voting yes.

Supervisor Gallardo said she supported the board’s motion but raised concerns about the plaintiffs’ choice of outside counsel and the county attorney’s statutory authority over outside counsel decisions. “She decides who outside counsel is, not elected officials,” Gallardo said, and added that she supports the county attorney’s stance. Gallardo voted in favor of the motion.

Chairman Galvin said the board had worked for hours to address the issue and framed the legal filings as necessary to resolve what he described as months of dispute and misinformation. “We are compelled to file the counterclaim to end this once and for all,” Galvin said, noting the board’s focus on protecting voters and the rule of law. He also thanked attorney Corey Langhofer for his counsel and voted yes.

The formal motion authorized the board’s outside counsel to file both a motion to dismiss and a counterclaim for declaratory relief in the pending litigation. The board did not adopt any other immediate operational changes during the meeting. The supervisors described the vote as intended to obtain judicial clarification of each office’s legal responsibilities for administering elections.

The transcript records repeated references to the county recorder and to litigation filed by outside parties. The meeting record does not specify the full text of pleadings to be filed, the exact legal statutes at issue, or the projected timeline for the court to resolve the dispute. The board indicated the action is intended to ensure clarity ahead of the 2026 elections.

The meeting concluded immediately after the roll call and vote.