The Election Denier's Playbook, Part Four: Defending Democracy from a New Wave of Threats

The ACLU of Arizona and our partners are prepared to push back against mis- and disinformation and hold elected officials accountable for any moves that would undermine fair and free elections, and we need your help to do it. Here are some issues our legal team, policy experts, and organizers are closely watching — and ways for you to take action.

Arizona’s elections are safe and secure, and only U.S. citizens can register or vote. But that hasn’t stopped Donald Trump from making wild claims about voting by undocumented immigrants. Seeking to back up Trump’s statements, the Department of Justice has sought sensitive voter data from Arizona, 28 other states, and Washington D.C. Federal judges, including in Arizona, have repeatedly ruled that the DOJ has no right to this data, preventing the Trump administration from unlawfully obtaining that information from states that have pushed back. Still, that didn’t stop Department of Homeland Security Secretary Markwayne Mullin from making hollow threats to arrest local election officials over the issue, something that DHS lacks the authority to do.

Trump is also targeting mail-in voting across the country. In March 2026, he signed an executive order directing the Postal Service to refuse to deliver ballots to “non-approved” voters. Trump does not have the authority to make or change election laws – per the Constitution, that power resides with the states and Congress. His executive order kicked off a lengthy legal fight, which was finally resolved, at least temporarily, in mid-September when the Supreme Court determined that Trump’s order could not go into effect before the midterms.

Trump's executive orders are part of a broader effort to create confusion and distrust around our elections. But all the headlines and social media bluster can't change the fundamental fact that the President does not have significant power over our elections. If you’re ever concerned or unsure about access to the ballot, call the Election Protection hotline at 866-687-8683 or turn to the officials who are actually in charge of elections, like the Arizona Secretary of State.

Maricopa County is the country’s second-largest election jurisdiction, with more than 4.5 million residents. The county is home to 60% of all Arizonans, and a majority of those registered to vote fall outside of the typical two-party system. As the largest county in a key swing state, Maricopa County occupies a position of outsize national importance. And right now, an outspoken election denier is responsible for voter registration, early voting, and other critical functions countywide.

Maricopa County's current recorder, Justin Heap, began his career in politics in the state legislature, where he repeatedly gave credence to debunked conspiracy theories about elections. In 2024, he launched a primary campaign against Maricopa County Recorder Stephen Richer, who was facing criticism from election deniers for his refusal to support their false claims about election results. While running, Heap refused to say whether the 2022 and 2020 elections were fair and even tapped fake elector Jake Hoffman to lead his campaign.

In Arizona, county recorders and county boards of supervisors share responsibility for election administration based on negotiated, written agreements. But soon after taking office, Heap tore up this agreement and began fighting with the board of supervisors to take greater control over election administration. The two sides spent more than a year locked in a legal battle, with Heap being represented by American First Legal, an organization led by Trump advisor Stephen Miller.

As lawyers fought it out in court, pro-democracy groups like Living United for Change in Arizona (LUCHA) and the ACLU of Arizona began showing up in person to Maricopa County Board of Supervisors meetings to raise concerns about Heap’s conduct and demand accountability.

After more than a year of litigation, Heap and the Board of Supervisors ultimately entered into a settlement in July 2026, just days before the primaries were set to begin. The settlement largely gave Recorder Heap the same responsibilities he had in the original written agreement, with some small changes, including direct control over a new IT department and staff. The settlement creates greater confidence that the midterm elections will be administered smoothly and fairly, although it remains frustrating that Heap engaged in more than a year of contentious litigation only to arrive back at the original plan.

ACLU of Arizona policy experts, attorneys, and organizers, along with our allies and volunteers, are continuing to pay close attention to new developments within Maricopa County. Together, we can ensure that Heap conducts the elections in accordance with state and federal law, and to get the full accountability and transparency that voters deserve.

In 2022, the Cochise County Board of Supervisors used their administrative power to obstruct election certification, setting a dangerous example for elections officials nationwide. In the weeks after the 2022 general election, Cochise County Supervisors Tom Crosby and Peggy Judd refused to certify the votes of the more than 47,000 people in the Cochise County by the November 28, 2022, deadline specified in state law. They claimed that the electronic tabulators the county used had not been properly certified — something that was outright false.

After Cochise County missed the deadline, Arizona Secretary of State Katie Hobbs sued the Board of Supervisors. On December 1, a judge ruled that the board was violating state law and forced an emergency meeting. Crosby refused to show up, while Judd and the remaining board member voted to certify the election in his absence. Both Crosby and Judd were charged with felonies; Judd entered a plea deal, while Crosby’s legal case remains open.

Four years have passed, and the Cochise County Board of Supervisors, which Crosby continues to sit on, is still casting doubt on the accreditation process of the voting machines. Earlier this year, the three-member board sent a letter to former United States Director of National Intelligence Tulsi Gabbard asking her to investigate the machines. And in recent months, the board has retaliated against their own county attorney, attempting to exclude her from executive sessions in part because they don’t want to be reminded that delayed or blocking election certification is against the law.

Meanwhile, in Mohave County, officials delayed certification in 2020 in light of the results being challenged, and then again in 2022 to send a “political statement” about the election in Maricopa County being poorly run. Several of those who voted to delay certification in 2022 are still serving on the Mohave County Board of Supervisors today.

As the 2026 general election approaches, ACLU of Arizona policy experts, attorneys, and organizers are paying close attention to boards of supervisors across the state, ready to mobilize if election certification is challenged once again.

From the White House to Southern Arizona, it’s clear that democracy remains under threat in 2026. And yet, at the same time, we have seen that these threats can be addressed successfully, as long as the legal process is allowed to play out, checks and balances are fortified, and ordinary people are engaged and activated.

When all of us understand what’s at stake and are willing to stand up for our rights, we can push back against even the most serious threats to our democratic system.