PHOENIX – In a ruling issued Thursday, an Arizona judge rejected Maricopa County Recorder Justin Heap’s request to stop an election system audit authorized by the Board of Supervisors (BOS).
Heap, a Republican, filed a motion for a temporary restraining order or preliminary injunction on Oct. 10, and an evidentiary hearing was held on Monday.
Maricopa County Superior Court Judge Scott Blaney decided that Heap failed to establish that the planned audit of election system technology violated any Arizona statutes.
In addition, Blaney was satisfied that the third-party audit would be done in a way that ensures voter privacy.
The lawsuit over the audit can continue, but the judge indicated it didn’t have a strong likelihood of succeeding.
BOS Chairman Thomas Galvin welcomed Blaney’s decision.
“Today’s ruling is a win for Maricopa County voters and anyone who values election integrity,” Galvin said in a statement. “It confirms that the assessment is safe and being conducted in a manner that will allow the important work of elections to continue while protecting the security of voter information. A review conducted by an independent third party is the proper course of action for the best interests of voters.”
Why did Maricopa County recorder try to stop election audit?
The BOS, a five-member elected panel led by four Republicans, is planning to contract a third-party vendor to conduct a systemwide assessment of the county’s election infrastructure.
Heap argued the board overstepped its authority by excluding his office from the audit process. He also claimed the audit could expose sensitive information about Maricopa County’s 2.6 million registered voters.
Blaney indicated he was most concerned about the privacy issue, especially when it comes to victims of domestic violence, sex crimes and stalking who are protected under the state’s Address Confidentiality Program (ACP).
However, he was satisfied the audit would be conducted in a way where personally identifiable information would not be exposed.
“The Court was credibly informed during the hearing that any ACP information was deleted from the system to which the third-party contractor has access during the assessment,” the ruling says. “Moreover, the Board and the third-party vendor entered into a comprehensive non-disclosure agreement and the vendor’s personnel have all received background checks, albeit conducted by the vendor.”
BOS chairman called Heap lawsuits a waste of time, money
The request for a temporary restraining order was Heap’s second legal action against the BOS since he became recorder in January.
The other one is a challenge to the county’s power structure regarding election oversight.
Galvin called the lawsuits a waste of time and taxpayer money in an Oct. 23 interview with KTAR News 92.3 FM’s The Mike Broomhead Show.
“The Board of Supervisors are tasked by state law with overseeing elections. The Recorder’s Office is tasked with voter registration and early mail-in ballots. We just wish that the recorder would focus on his duties,” Galvin said.
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