June 23, 2026

Arizona Supreme Court Orders Expedited Review, Reopens Settlement Process in Recorder-Board Dispute

Today, the Arizona Supreme Court issued an order directing expedited briefing in Recorder Justin Heap's Special Action challenging the Court of Appeals' stay and signaling continued review of the proper allocation of election responsibilities under Arizona law.

Significantly, the Court modified the existing stay to allow the Superior Court to resume court-supported settlement proceedings between the parties. Earlier this month, the Superior Court proposed mediation before a respected neutral mediator. Recorder Heap agreed to participate and sought a negotiated resolution, but the Board of Supervisors withdrew from that process. The Supreme Court's order now clears the way for those court-supported discussions to move forward.

The Court also requested briefing on whether targeted interim relief can be implemented for the 2026 Primary Election rather than maintaining an all-or-nothing approach. Recorder Heap has already presented a comprehensive operational framework demonstrating that Arizona law can be faithfully implemented without disrupting voters or election administration. That proposal preserves continuity for voters while ensuring each office performs the responsibilities assigned to it by statute.

"Our office has consistently pursued practical solutions that protect voters and follow the law,” Recorder Heap said. "We welcomed mediation, we developed a detailed transition plan, and we remain prepared to implement a lawful division of responsibilities without disrupting the upcoming election. We are encouraged that the Supreme Court is carefully considering those options."

While Recorder Heap has repeatedly advanced concrete proposals to resolve this dispute and ensure a smooth election, the Board has thus far chosen continued litigation over implementing workable solutions. The Recorder remains committed to reaching an agreement if possible but will continue defending the statutory authority entrusted to the Office by Arizona law and the voters of Maricopa County.

Read the court ruling HERE.

 

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Media Contact:
Judy Keane
[email protected]