Board starts proceedings to Oust Recorder Heap After He Announces the Start of Removing Noncitizen Voters

Summary: The Maricopa County Board of Supervisors, citing A.R.S. § 11-253(A), demands Recorder Justin Heap provide a comprehensive sworn report and testimony or risk removal under a broad “neglect” standard that allows a low-bar interpretation for being ousted.

• This follows Heap’s noncitizen voter roll cleanup, signature verification enhancements, and vulnerable voter protections, amid tensions from the 2024 Galvin/Richer Shared Services Agreement that stripped Heap's office of IT/staff control leading to ongoing legal disputes.

• Grassroots groups like EZAZ.org urge citizens to rally, pack the February 18th Board meeting, and contact supervisors to oppose the action as retaliation. GOP Legislative district groups and notable conservatives usher in support for Heap.

MARICOPA COUNTY – In a move that has sparked widespread controversy, the Maricopa County Board of Supervisors has scheduled a special meeting for Wednesday, February 18, 2026, with an agenda item reserving action to vote on removing Recorder Justin Heap, citing Arizona Revised Statute § 11-253.

Maricopa County posted a video on their X account which ended with a warning suggesting Heap's tenure ends on Wednesday, February 18th.

Supervisor Mark Stewart pushed back, stating that his office didn't approve of this messaging.

This development comes shortly after Heap announced efforts to clean noncitizens off the voter rolls, following a press conference with Department of Homeland Security Secretary Kristi Noem.

Escalating Tensions Over Election Oversight and Accountability

Local media coverage has amplified the story, with 12 News running a TV news segment titled "Maricopa County Board Takes Steps To Oust Recorder," reporting that the board unanimously ordered Heap to answer questions or face possible removal from office under state law if he fails to comply. The report described the action as a "nuclear option" in the ongoing battle over election responsibilities, highlighting accusations of stonewalling and lack of transparency from Heap's office as early voting approaches.

However, Recorder Heap has made several lengthy appearances at Maricopa County Board Meetings.

• November 19, 2025 - Heap spent an hour and 20 minutes answering questions on signature verification, the shift of voter registration responsibilities from special election boards to deputy registrars because it's illegal for the recorder's office to pay for registration duties, and protecting vulnerable voters at nursing homes.

• December 3, 2025 - Heap held the first supervisor demo of signature verification for Stewart.

• January 28, 2026 - At the budget Meeting, Heap answered questions from Board members for nearly 2 hours. Other elected offices were questioned by members for less than 30 minutes each.

• February 6, 2026 - Heap held a comprehensive signature verification demo with Supervisors Mark Stewart and Debbie Lesko, where he and his staff entertained questions for more than 2 hours.

Historical Context of the Dispute

The crux of the ongoing dispute traces back to the 2024 Shared Services Agreement (SSA) between Supervisor Thomas Galvin and then-Recorder Stephen Richer, which public records indicate Galvin architected. This agreement removed several statutory duties from the incoming Recorder Heap, including control over his IT department, servers, and staff, centralizing these functions under the Board's oversight.

Further fueling tensions, in 2025, as Heap took office, outgoing Recorder Stephen Richer published an op-ed in AZ Central advocating for reforms to Arizona's election system, including making the Recorder's Office an appointed position rather than elected. Richer argued, "Do we really need an elected recorder? ... That person can be appointed." This proposal was part of broader suggestions to reduce voter fatigue and perpetual campaigning.

Board's Demands for Sworn Testimony and Reports

The Board's push for Heap's removal stems from ongoing disputes over election administration which has final legal pleadings due the day after the Board's requirement for an appearance by the Recorder. The recent evidentiary hearing included allegations of voter disenfranchisement and budgetary issues. Here's a summary of the demand letters:

• On February 11, 2026, while Heap's office is knee-deep in running the Tempe election, Board Chair Kate Brophy McGee sent a letter notifying Heap of the requirement to provide a detailed sworn report and testify under oath, expanding on a January 22, 2026, request for information about expenditures, signature verification processes, and other operational matters. The letter, referenced significant new information necessitating changes in county policies on budgeting, ballot printing, and vote tabulation.

• The January 22 letter, likely requesting tens of thousands of pages of documents, specifically requested itemized expenditures since January 1, 2025 -- generally an unheard of request in government operations -- pre-payments and related communications, internal efficiency assessments, and documents on changes to signature verification, curing processes, special election boards, and deputy registrar programs since January 1, 2025.

• The February 11 letter expanded to include topics like alleged disenfranchisement related to provisional ballots and large capacity ballot affidavit envelope sorting devices, denied funding requests, communications with the County Attorney on unrequested mail-in ballots in a 2025 special election, and space reassignments in MCTEC.

Heap's Voter Roll Cleanup Announcement

Heap's recent announcement revealed that his office, using DHS's SAVE database, identified 137 potential noncitizens registered to vote with 60 identified as having previously voted in Maricopa County elections, prompting referrals to the Arizona Attorney General and County Attorney for investigation. This cleanup effort was highlighted during a press conference where Secretary Noem emphasized the need for secure elections, stating that no state could use more improvement than Arizona. Noem's visit included discussions with local officials on providing tools to mitigate election threats.

The day prior to Noem's press conference, shortly after it was announced, the Board scheduled an emergency executive session meeting.

Criticism from Board Members and Opponents

Former Recorder Stephen Richer, defeated by Heap in the primary and known for defending Maricopa County's election processes against criticism, has been accused of posturing for reappointment, though he denies involvement and has publicly distanced himself from certain election integrity narratives embraced by parts of the GOP base.

Supervisor Debbie Lesko is leading the charge in calling for the proceeding to remove Recorder Heap and questioned whether Heap would "finally tell the truth" in testimony.

However, evidence shows Lesko previously engaged Heap in detailed discussions on signature verification just days before claiming he refused to answer questions.

Heap also answered Lesko's concerns in previous public meetings, which EZAZ.org Chairwoman pointed out in a cheeky Valentine's Day post calling out Lesko.

Supervisor Mark Stewart Breaks with the Board

Supervisor Mark Stewart, the sole voice calling for a pause, emphasized the need for transparency and time to review reports before decisions, highlighting ongoing negotiations over the Shared Services Agreement. Stewart voted to initiate the process but later advocated postponing the hearing to ensure fact-based discussions. Stewart's announcement received vocal pushback from supporters in the political class.

In a recent interview covered by Arizona Daily Independent, Stewart spoke out strongly against the board's campaign to oust Heap, calling it an "immature troll" that undermines negotiations, public trust in elections, and ongoing discussions. He described the board's approach as setting Heap up for an unprofessional grilling and accused leadership of favoring secrecy over openness, while pushing for restored transparency in county operations. However, the Board agenda documents haven't included copies of the letters with the demands they've made of Heap.

Prominent Supporters and Warnings

Prominent supporters of Heap, such as Congressman Abe Hamadeh, warned that removing Heap would erode voter trust and participation, comparing it to Democratic tactics against President Trump.

State Senator Jake Hoffman, RNC Committeeman, and Arizona Freedom Caucus leader, labeled the Board corrupt and called for vocal opposition.

Election integrity advocate Cleta Mitchell of the Election Integrity Network, praised Heap as an "election integrity warrior" and criticized past recorders for conflicts ignored by the Board.

Tyler Bowyer of Turning Point Action accused the Board of negligence in finalizing agreements.

Bowyer posted a poll asking if Debbie Lesko, Thomas Galvin or both should be recalled by the voters. "Both" won with 83.8% of the vote with 636 accounts participating.

Elijah Norton, the AZGOP's largest donor, the former AZGOP Treasurer, and the leading candidate for the state Treasurer's race, pledged full resources to challenge any supervisors voting for removal in 2028.

Calls for Grassroots Mobilization and Party Support

Grassroots groups like EZAZ.org urged calls to supervisors and public showings of support. Chairwoman Merissa Caldwell exposed alleged inconsistencies in Board claims, including Lesko's contradictory statements.

EZAZ.org has called for "All Hands on Deck" emergency rallies under the banner "SECURE OUR ELECTIONS. STOP THE REMOVAL OF RECORDER HEAP BY THE MAD SUPERVISORS." They emphasized peaceful action to stand up for the citizens' right to elect their Recorder, urging people to share the message widely with those who care about election integrity. Key events include:

• Peaceful Recorder & Staff Appreciation Rallies on Tuesday, February 17, 2026, from 7 am to 9:30 am and 3 pm to 5:30 pm, on the 5th Ave sidewalk at Jefferson St. Participants are encouraged to bring USA flags, peaceful signs in support of Recorder Heap and his staff, dress patriotically, and enjoy free coffee, donuts, and buttons.

• Pack the Board of Supervisors meeting on Wednesday, February 18, 2026: Rally at 1:30 pm, followed by the special Board meeting at 3 pm, at the Maricopa County Auditorium, 205 West Jefferson St, Phoenix. Free parking is available in the Madison St/West of 5th Ave parking lot.

The group also provided contact info for supervisors to call or email in opposition, noting Supervisor Mark Stewart as the only recorded "No" vote against removal, though he voted to start proceedings. They framed the Board's actions as retaliation against Heap's voter roll cleanup of noncitizens.

Adding to the chorus of support for Heap, the Arizona Legislative District 2 (LD2) GOP Party—in Chairman McGee's district—sent a letter dated February 15, 2026, to the Maricopa County Board of Supervisors, expressing strong backing for the Recorder and urging the Board to cease actions that obstruct, diminish, or undermine his ability to perform his duties.

The letter highlighted escalating conflicts between the Recorder's Office and the Board, including litigation and public steps toward sworn testimony and potential removal, arguing that such moves erode voter confidence and represent an abuse of process rather than bureaucratic brinkmanship. It called for the Board:

• To provide Heap's office with necessary tools, access, staffing, and resources;

• Resolve disputes through good-faith processes rather than pressure tactics;

• Address the central problem of one politically motivated individual controlling key election functions by empowering officials to execute their statutory responsibilities without undue interference.

The Cited Statute: Can Heap be Removed?

ARS § 11-253(a), states: "The board may require any county officer to make reports under oath on any matter connected with the duties of his office, and may require the officer to give such bonds or further bonds as may be necessary for the faithful performance of his respective duties. An officer who neglects or refuses to make the report, or to give the bond within ten days after being so required, may be removed from office by the board and the office declared vacant. The board may then fill the vacancy."

According to Grok:

• The word "neglects" in A.R.S. § 11-253(A) gives the Maricopa County Board of Supervisors broad discretion in determining whether Recorder Justin Heap can be removed, even if he submits a report or appears for testimony.

• If any part is deemed incomplete, untimely, evasive, lacking sufficient detail, or not fully "under oath" in the manner expected, the Board could characterize it as neglect.

• In practice, even substantial compliance (e.g., a detailed report) could be labeled "neglect" if the Board finds it insufficiently thorough, missing attachments, not fully addressing every subpoint, or failing to resolve "credibility of conflicting factual allegations" as stated in the February 11 letter.

Anti-Trump attorney Tom Ryan certainly thinks the Board has authority to remove duly elected Recorder Justin Heap:

Ongoing Conflict and Potential Impacts

This escalating conflict underscores deep divisions in Maricopa County's election administration, with Heap's integrity measures clashing against the Board's oversight demands. As the February 18 meeting approaches, public pressure mounts, potentially reshaping local governance and voter confidence. With the local Tempe election underway and the Primary election moved up by two weeks, increased voter anxiety is expected, with more pressure on all parties to resolve conflicts quickly.

UPDATE 2/16/2026 @ 2:30 pm

Supervisor Mark Stewart further splits with the Board. Hires his own legal counsel. Read the full announcement HERE.

Supervisor Lesko says she won't vote to remove Recorder Heap, but she also won't vote to follow the statutes or give him is IT staff. She continues to repeat false claims and refuses to offer the voters transparency.

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