When election officials dispute authority over election administration, courts may impose civil contempt sanctions to enforce compliance with legal rulings, as demonstrated when Maricopa County Recorder Justin Heap sought $100,000-a-day fines against the Board of Supervisors for allegedly violating a court order that assigned oversight of early in-person voting to the Recorder rather than the Board.
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Maricopa County Recorder Justin Heap seeks sanctions against Board of Supervisors in election disputAdded:
Good evening and thanks for joining us for 12 News at 6. More chaos over the upcoming primary in Maricopa County.
Recorder Justin Heap and the county board are fighting over who's in control.
>> Heap, who is a Republican, now wants a judge to hold the board in contempt and pay his office extensive fines. Our Craig Harris has the latest.
>> $100,000 a day. That's what county recorder Justin Heap wants a judge to assess in fines to the board of supervisors for allegedly not following a court order.
>> Justin Heap wants a judge to punish the board of supervisors.
The latest court [snorts] filing asked the board to be held in civil contempt for not following an April ruling. Judge Scott Blaney ruled April 16th the board acted unlawfully by seizing the recorder's personnel, systems, and equipment. The judge also ruled the recorder oversees early in-person voting. While supervisors are responsible for selecting day voting locations and hiring poll workers. The board has appealed and issued a statement on Friday. It said in part, "Recorder Heap has filed a series of court actions that should concern every Maricopa County voter. Now he seeks civil contempt charges against the board of supervisors and assessment of a $100,000 a day fine against county taxpayers." Supervisors and Heap declined to go on camera Friday. But for months there has been bad blood.
>> You heard him earlier refuse to defend and to elaborate on testimony provided in a courtroom.
>> This is really causing a lot of chaos in the community. Are we disenfranchising voters now as your chief of staff said in court?
>> I certainly have spoken to my staff. We have not seen any evidence. We haven't had a large enough election that we haven't been able to manage.
>> Three of the four Republican supervisors have gone so far as to accuse Heap of lying. Supervisor Thomas Galvin also said Heap has wasted money.
>> You have heard from our attorney that he has not responded to offers of a settlement on a lawsuit that he filed with your tax dollars.
>> But Heap notes in the recent court filing that every day of non-compliance is a day in which the board administers elections in a manner this court has declared unlawful with the attendant risk to voter confidence and to the legal validity of the election results themselves. As for a potential fine, Heap wants the money to spend in the discharge of the duties of his office as he judges fit. Early voting begins June 24th for the July 21st primary election.
I'm Craig Harris, 12 News.
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