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Appeals Court Pauses Maricopa County Ruling on Election Control

The stay blocks a lower-court order to transfer election IT and duties to the county recorder and raises new questions about mediation and an active criminal review.

Overview

  • A panel of the Arizona Court of Appeals issued the stay on Thursday, citing the Purcell principle that courts should avoid last-minute changes to election rules close to voting.
  • The stay halts enforcement of Judge Scott Blaney’s April injunction that had ordered the Board of Supervisors to return IT staff, servers and other election duties to Recorder Justin Heap.
  • The appeals decision effectively cancels a scheduled June 30 contempt hearing in which Heap sought to hold the supervisors for noncompliance with the injunction.
  • Recorder Heap said he will ask the Arizona Supreme Court for immediate review, while county officials continue an independent criminal review of video showing a Recorder’s Office employee removing a ballot scanner.
  • The dispute also includes a fight over legal representation after Heap hired a private firm founded by Stephen Miller, a move County Attorney Rachel Mitchell has publicly challenged, and the case could affect election operations and voter confidence in the swing county before the July 21 primary.