Maricopa County's New chairwoman clashes with her attorney & the county recorder

Summary: BOS Attorney Pushes Reconciliation as Chair McGee Digs In on Statutory Misinterpretation, while Recorder Heap fights for control over statutory duties.

MARICOPA COUNTY – In a striking display of mixed signals, Maricopa County Board of Supervisors' (BOS) attorney Kory Langhofer advocated for reconciliation and a potential deal during a January 26, 2026, court hearing in the ongoing lawsuit Heap v. Galvin et al. At the same time, BOS Chairwoman Kate Brophy McGee released an op-ed signaling that the BOS would not yield to its interpretation of Arizona election statutes, which critics argue falsely diminishes the Recorder's primary role assigned by the legislature. This contradiction underscores the BOS's reluctance to genuinely collaborate, prioritizing control over statutory compliance and election security.

Historical Context: The "Lord Galvin" Power Grab and Escalating Disputes

The conflict originated under former BOS Chairman Thomas Galvin, labeled "Lord Galvin" by detractors for his aggressive consolidation of power.

In October 2024, Galvin pushed through a Shared Services Agreement (SSA) that shifted critical election functions—such as IT staff, servers, and software—from the Recorder's Office to the BOS, timed suspiciously before current Recorder Justin Heap's election win over former Recorder Stephen Richer. Heap, who ran on a platform of bolstering election integrity, inherited an office stripped of resources upon taking office in 2025.

Tensions mounted as the BOS denied Heap building access, delayed deputy approvals, and withheld $5 million in funding plus $4 million from state allocations. Galvin's tactics included threatening removals and arrests at public meetings and banning public comments on the SSA draft Special meetings. Heap's May 2025 SSA proposal, which included bipartisan staffing, monitored drop boxes, and onsite tabulation for transparency in strict alignment with the statutes, was rebuffed. Instead, the BOS used budget tactics to erode Heap's duties, prompting America First Legal (AFL) to file the lawsuit in June 2025 on Heap's behalf. The suit asserts that Arizona law assigns the Recorder primary responsibility for voter registration and most election functions, obligating the BOS to provide funding without interference (see Motion for Judgment, Motion for Summary Judgment.

County Attorney Rachel Mitchell intensified the fray by threatening AFL attorneys with bar sanctions and suing to bar their involvement, moves AFL condemned as conflicts of interest undermining election trust.

August 2025 motions for judgment and summary judgment highlighted the BOS's neglect of IT requests, seizure of resources, and rejection of new hires, endangering fair elections for Arizona's largest voter base.

Legislative Amicus Brief Reinforces Recorder's Primacy

Adding weight to Heap's case, Arizona Senate President Warren Petersen and House Speaker Steve Montenegro filed an amicus brief in August 2025, clarifying legislative intent on election statutes.

The brief emphasizes that when statutes assign a duty to the Recorder or BOS with the phrase "board or other officer in charge of elections," the primary officer listed—typically the Recorder—is the ultimate decider and must lead execution. It rejects surplusage arguments, citing cases like Sanchez v. Maricopa County (2025), and warns against ambiguous interpretations that could invalidate the Legislature's careful power distribution. Critically, the brief states that the BOS cannot divest the Recorder of personnel or equipment needed for statutory duties, deeming such actions unlawful and a violation of constitutional delegation principles. This legislative stance directly counters the BOS's claims, affirming that the Recorder's authority cannot be subordinated or resources withheld without undermining election administration.

Court Hearing Exposes BOS Obstruction and Bold Claims

The January 26, 2026, Superior Court hearing revealed further BOS dereliction.

Recorder Heap's Chief of Staff Sam Stone testified that the BOS blocked access to $1 million in federal Help America Vote Act (HAVA) funds for voter roll maintenance, cybersecurity, and upgrades, despite accepting the money from the Trump administration. Requests for grant-funded IT security staff were denied, and the BOS refused to share equipment, claiming redundant purchases of $20 million would be needed to restore Heap's statutory control. Stone also described ambush tactics in meetings, including abrupt assertions by the County Attorney that established federal practices were illegal.

Voter Registration Director Janine Petty's testimony exposed Voter Disenfranchisement and Systemic Failures

Under prior leadership in the 2024 election, Janine Petty over voter registration, said voters with proof of citizenship were disenfranchised due to unprocessed full ballots, which prior Recorder Richer was notified about but didn't take action. The impacted voters did only had their federal offices counted, even though legally they were full ballot voters. Petty testified the BOS were notified about the concern for future disenfranchisement earlier this year in budget requests for new equipment, but ignored. Petty stressed the urgency for equipment like high speed sorters to comply with 2024 laws allowing Election Day citizenship updates, noting Maricopa's outdated systems and the BOS's favoritism toward their own projects. She highlighted chain-of-custody risks from outsourcing to vendors like Runbeck, which could expose sensitive voter data.

In a wild show of bravado, BOS Election Day Director Scott Jarrett declared himself the "other officer in charge of elections" on the stand, despite the BOS never appointing such a role in any election plan to date. Past SSAs had identified the Board itself as the "other officer," making Jarrett's claim a novel and unsubstantiated escalation in the BOS's bid for control.

Langhofer, representing the BOS, expressed "delight" at the Recorder's willingness to share equipment, staff, and training, hinting at an out-of-court resolution. Yet this olive branch clashed with the BOS's history of stonewalling, dubbed the "Maricopa County Tango" by observers—a dance of delays to thwart reforms.

McGee's Op-Ed: Unity Rhetoric Amid Intransigence

McGee's January 23, 2026, op-ed in the Arizona Capitol Times, "Let’s work together to keep Maricopa’s elections secure," praised prior BOS-Recorder collaborations for "smooth, lawful elections" and decried Heap's lawsuit as a costly solo act. She highlighted transparency efforts like tours and reviews, urging budgetary coordination over litigation. However, the piece insists on the BOS's interpretation of statutes, refusing to concede the Recorder's primacy and blaming Heap for rejecting their framework, countered by McGee's own attorney in court, as noted in related coverage:

This stance directly undermines Langhofer's courtroom overtures, revealing the BOS's intent: not true partnership, but coercing Heap to abandon his mandates. McGee's narrative overlooks a decade of election mishaps, from ballot losses to disenfranchisement, and ignores their withholding of HAVA funds and tools.

Broader Implications for Arizona's Electoral Future

This saga threatens Maricopa's election integrity, where over 60% of Arizona voters reside. Heap's reforms aim to expedite provisional ballots, secure IT, and uphold statutes, but BOS resistance risks chaos in 2026 elections. The legislative amicus bolsters calls for judicial intervention to restore balance. AFL attorney James Rogers for Recorder Heap reiterated to the court in closing comments that the crux of the dispute is differing interpretations of primacy in the statutes. While BOS attorney Kory Langhofer argued the case is not ripe as it's simply a contract dispute where negotiations are completed. Justice Blaney asked the parties to convene to find a solution and scheduled for 10-page briefs due by February 19th if the parties cannot come to agreement.

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