PHOENIX (AP) — The top election official in Arizona’s most populous county will get more authority in running elections after a judge sided with his office in a prolonged legal fight with the local board that shares responsibility for overseeing the vote.

The decision could have broad implications in one of the nation’s most prominent battleground states, which will have several high-profile races this fall. Maricopa County, which includes Phoenix, has been roiled by election conspiracy theorists ever since President Donald Trump lost the state to Democrat Joe Biden during his bid for reelection in 2020.

Justin Heap, the Republican recorder in Maricopa County, sued the predominantly Republican county board of supervisors last summer alleging it had illegally taken control of certain aspects of election administration. Heap claimed the board transferred funding, IT staff and some key functions — including management of ballot drop boxes and establishing early voting sites — away from his office through an agreement negotiated with his predecessor, whom he had recently defeated in a GOP primary.

Maricopa County Superior Court Judge Scott Blaney mostly sided with Heap’s office in his ruling, which was filed Thursday but appeared on the public docket Friday. The board of supervisors “acted unlawfully and exceeded its statutory authority by seizing the Recorder’s personnel, systems and equipment and refusing to return them” to the recorder, he wrote.

Blaney also ruled that the recorder’s office is responsible for overseeing in-person early voting, among other duties, while the board is responsible for other operations, such as selecting Election Day voting locations, supplying polling locations and hiring poll workers.

“The Board’s assertion of plenary authority over election administration through its general supervisory powers is inconsistent with Arizona law,” the judge wrote.

Here is the case that needs to be brought to the Supreme Court to put an end to the massive corruption by county election officials (previously posted here).

Split off the federal ballots from the state ballots.

Make the states follow federal statutes regarding the time of federal elections.

Article I Section 4:

The Times, Places and Manner of holding lections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Place of Chusing Senators.

Article II Section 1 Clause 4:

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

2 USC § 7: Time of election

The Tuesday next after the 1st Monday in November, in every even numbered year, is established as the day for the election, in each of the States and Territories of the United States, of Representatives and Delegates to the Congress commencing on the 3d day of January next thereafter.

3 USC § 1: Time of appointing electors

The electors of President and Vice President shall be appointed, in each State, on election day, in accordance with the laws of the State enacted prior to election day.

The Constitution gave Congress the power to set the dates for the election. Congress set that date for federal elections in 2 USC § 7 and 3 USC § 1. The Article V Supremacy clause makes these statutes override state election laws regarding federal races.

The states are not following the federal law for conducting federal elections "on election day" singular.

For convenience, the states have bundled both the state and federal elections onto a single ballot, and then held those elections on floating durations that are inconsistent across the several states.

By law, the federal elections are to be held on ONE DAY - the first Tuesday after the first Monday in November.

SCOTUS should be asked to rule on this so that the states are forced to separate the federal ballots from the local ballots and only count the federal ballots that are cast ON ELECTION DAY as prescribed by law by Congress via the power given in the Constitution.

County election officials should have no leniency to disregard the federal statutes for federal ballots. For state elections for state and local offices, the state can count those ballots for as long as they want.

-PJ

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