County supervisor requests investigation of recorder after text messages come to light

Maricopa County Officials in Dispute Over Election Management

Maricopa County Superintendent Steve Garraldo has requested Attorney General Chris Mays to investigate county recorder Justin Heap amid ongoing disputes over election oversight. Garraldo seeks an open inquiry regarding Heap, specifically questioning if he violated state laws about public meetings.

This request follows reports that Heap allegedly pressed Republican supervisors Debbie Lesco and Mark Stewart regarding their support for a contract outlining election responsibilities between the supervisors and the recorder’s office. State laws dictate the duties related to elections for both parties, and it’s typical for them to sign a Shared Services Agreement (SSA) that delegates responsibilities appropriately.

Heap and the five-member board have been at odds for months over an SSA that was previously signed by former recorder Stephen Richer, which reassigned certain responsibilities and resources back to the board. Heap is now advocating for a new agreement to reclaim those powers and includes additional duties that critics argue exceed the statutory scope of the recorder’s role.

“From day one, Recorder Heap has made promises that the law does not allow him to keep,” said Thomas Galvin, the Board of Supervisors’ chairman. He expressed concerns following Heap’s lawsuit against the board over the SSA in June. “Arizona’s election laws are designed to ensure checks and balances between the supervisor and the county recorder, and it appears that Heap is struggling to grasp the limits of his responsibilities.”

Heap’s negotiations have drawn scrutiny, particularly following claims that he texted Lesco and Stewart in attempts to secure their support for his version of the SSA. In these communications, he noted that Garraldo, the only Democrat on the board, supported his SSA. If both Stewart and Lesco align with Garraldo, it would provide the essential three votes to pass the SSA.

In one text, Heap remarked, “Don’t ask me about the back channel and arm twists I had to do to get Democrats on board. But he’ll vote for the SSA I proposed with you and Debbie.” Garraldo has denied these allegations, stating he hasn’t communicated with Heap since their January meeting.

“Justin Heap has lied about my actions, and moving forward, he needs to be more careful with his words,” Garraldo remarked in a statement last week. He reiterated his request for Mays to look into Heap’s conduct.

“If Heap is indeed having discussions regarding the SSA with three members of the Maricopa County Board of Supervisors, this would be a violation of Arizona’s Open Meeting Act,” Garraldo stated. “In essence, Mr. Heap has solicited other supervisors to break the law by trying to orchestrate a board vote through secretive means, instead of through an open meeting as required.”