Testify or Be Removed: Maricopa Board Escalates Fight With Recorder Justin Heap
Mark Stewart retains counsel, Debbie Lesko steps back, LD’s rise up and Arizona GOP Chair strikes measured tone
The latest flare-up between Maricopa County Recorder Justin Heap and the Maricopa County Board of Supervisors is no longer just a public spat over election operations. It has turned into a direct confrontation over compelled sworn testimony, the hiring of outside legal counsel by a sitting supervisor, political retreat by another, and the Arizona Republican Party entering the fight (sort of) — all while the Board openly floats removal from office if Heap refuses to comply.
State 48 News spoke with community members on all sides of the dispute. Whether aligned with the Board of Supervisors, Recorder Heap, or somewhere in between, the consensus was clear. Republicans are frustrated by the ongoing infighting and worry it could damage the upcoming elections.
If you are on X, much of this will already be familiar. What follows is a summary of yesterday’s events.
By design, I did not seek statements from the players or try to insert State 48 News into the drama by breaking incremental updates. That was intentional.
Most Arizonans are not on X. They are not watching this unfold in real time. Instead, they hear fragments as information filters onto Facebook, Telegram, or through calls and texts.
I hear from those people every day.
This explanation, as we head into Wednesday, is for the regular Arizonans who are not camped out on social media but deserve to understand what is happening and why it matters.
This is why State 48 exists, to inform and filter out the noise in a measured way.
How did we get here?
Supervisors moved to require Heap to testify under oath and provide information the Board says it needs to evaluate election readiness and address claims of voter disenfranchisement.
The vote came days after a judge temporarily blocked subpoenas aimed at forcing Heap’s staff to testify, forcing the Board to shift its strategy and demand answers directly from the elected Recorder himself.
Board leadership framed the action as basic oversight. Their position is straightforward: if public claims were made about disenfranchised voters, the Board has a duty to determine what happened and whether county election systems are at risk.
Heap has pushed back, arguing the Board is exceeding its authority, attempting to assert control over an independently elected office and a “naked attempt by the Board to intimidate and bully.”
The “nuclear option”: removal talk goes public
The pressure campaign escalated when supervisors explored legal pathways that could lead to Heap’s removal if he refuses to testify.
That’s the core of the dust-up right now. The Board is signaling that refusal may not be treated as routine noncooperation, but as grounds for removal.
Even discussing that option marks a dramatic escalation and underscores how far relations between the Recorder’s Office and the Board have deteriorated.
The BOS published a based video that many on the right felt was tone deaf and heavy handed.
Many are now pointing to A.R.S. § 11-253, the statute that allows supervisors to declare an office vacant if a county officer refuses to perform a legal duty (such as giving a report). But any attempt to use that authority would almost certainly be challenged in court.
Supervisor Mark Stewart hires outside counsel
In a bombshell move, Supervisor Mark Stewart has retained outside legal counsel to represent him personally during the dispute.
That move is significant.
When elected officials seek independent legal representation rather than relying on county attorneys, it typically reflects concerns about liability, exposure, or conflicts between officials within the BOS.
It also signals that supervisors expect this fight to continue — and potentially expand.
It is notable that Stewart voted FOR Heap to testify before he publicly changed his stance and asked his peers for a pause. Some have held out hope that Stewart is the lone “rational” member. Others have vowed to primary him and accused him of straddling the fence.
Supervisor Debbie Lesko retreats from the nuclear option
At the same time, Supervisor Debbie Lesko conceded that she would not vote to remove Heap after intense online pressure and calls to remove her from office. Here is her statement that she posted on social media. Lesko also spoke at her LD where she vowed not to vote to remove Heap.
Arizona Republican Party enters the fray
The conflict has now drawn in Arizona Republican Party Chairman Sergio Arellano, who publicly reminded party members that Republican voters elected both Recorder Heap and the current Board of Supervisors and expect those officials to work together.
Arellano pointed directly to Maricopa County’s past election failures, noting voters already held the previous Recorder accountable at the ballot box. His message carried an implicit warning. In his words, restoring confidence in elections requires collaboration, not “petty posturing” or “turf wars.”
He stopped short of explicitly criticizing the Board’s removal discussions. But by emphasizing voter choice and accountability through elections, not internal power struggles, his statement underscored the political risk of escalating the conflict beyond the ballot box.
It is a notable shift. Historically, Arizona Republican Party chairs have avoided inserting themselves into disputes between Republican officeholders. Arellano’s decision to speak now signals that what began as a county governance fight is evolving into a broader test of party unity and voter confidence.
Even former Recorder Stephen Richer made an appearance in the comment section, inserting himself into the conversation he once occupied. Every family has one. The uncle who already handed over the keys but still lingers in the driveway, offering advice nobody asked for and reminding everyone he used to run the house.
The legal chessboard: subpoenas, judges, and a second attempt
This confrontation did not begin with Heap himself. It began with subpoenas issued to Recorder’s Office staff.
A judge temporarily blocked those subpoenas, prompting the Board to pursue testimony from Heap directly.
The Board has indicated it may reissue subpoenas to staff after court restrictions expire, signaling the legal battle is far from over.
The stakes are clear. Sworn testimony demands are a legal escalation, not routine government business.
And all of this is unfolding as Maricopa County prepares for future election cycles where stability is critical.
What happens next
Three key questions remain:
• Will Heap agree to testify or challenge the demand in court
• Whether the Board will formally pursue removal proceedings
• And who else will weigh in with threats to primary the BOS.
These are just a few of the notable voices who have weighed in so far, with more expected before publication.
All eyes now turn to the Board of Supervisors on Wednesday.
Editor’s Note: After a brief hiatus, State 48 News has returned. In the coming days, we’ll share more about the pause and what’s ahead. For now, readers should know this: we’re back, we’re focused, and we’re not going anywhere.