In the wake of years of enduring subpar election administration, the citizens of Maricopa County, Arizona, took decisive action in 2024.
During the July primaries in the Grand Canyon State, the voters ousted then-Recorder Stephen Richer, a Republican who had a reputation for using his position to attack those who questioned the county's flawed election management and for attempting to silence his political adversaries.
In his stead, the voters nominated Justin Heap, a member of the Arizona Freedom Caucus at the time, who campaigned on a promise to restore transparency and "confidence" to the elections in Maricopa County.
With the political winds in Arizona blowing in favor of the Republicans and a victory for Heap in the November election seemingly assured, it appeared that the voters of Maricopa County were on the verge of having an election overseer who was committed to providing an honest and transparent process. However, as the old adage warns, one should not count one's chickens before they hatch.
Despite his defeat in the primary and his status as a lame duck, Richer was not yet done sowing discord in the administration of Maricopa County's elections. As reported by The Federalist, less than a month before the November 5 election and Heap's eventual triumph, Richer brokered a deal with the then-Maricopa County Board of Supervisors (MCBOS) that effectively stripped the recorder's office of key election administration responsibilities and resources and transferred them to the Board.
This new Shared Services Agreement (SSA), which came into effect just weeks before Heap took office in January, has led to a conflict between the new recorder and the current MCBOS, which has so far shown reluctance to renegotiate the agreement. If left unresolved, this ongoing dispute could potentially affect the administration of the county's upcoming elections and damage voters' trust in the process.
"The voters who [elected] me have the right to expect that the recorder theyre electing is going to come in with all of his constitutional powers and statutory duties in place," Maricopa County Recorder Justin Heap told The Federalist.
A local Fox affiliate explained that for approximately 30 years, the SSA granted the Maricopa recorder oversight of "all election responsibilities." This changed in 2019 when then-Maricopa Recorder and now-Arizona Secretary of State Adrian Fontes and the MCBOS struck a new agreement that "split up roles" between the two departments.
Since then, the recorder's office has primarily handled matters related to early voting, while the MCBOS has overseen in-person voting and tabulation.
However, according to KJZZ Phoenix, the arrangement agreed to by Richer and the previous Board alters this dynamic by granting the MCBOS "the authority to appoint the board that processes early ballots, which includes an inspector and two judges from different political parties." These boards, the outlet noted, "examine, count and verify early ballots before they are tabulated" and oversee responsibilities like "opening envelopes, ensuring the ballot envelopes show the correct election code and identifying damaged ballots."
This is a noticeable departure from the county's previous SSA, which reportedly gave the recorder's office the power to handle such matters.
The 2024 agreement went a step further by shifting the "recorders information technology [IT] staff and its associated $5 million budget under [the Boards] supervision," KJZZ Phoenix reported. According to the new SSA, this includes "any IT-related service necessary for the Recorder to effectively perform its elections or business-related responsibilities as designated."
The SSA brokered by Richer and the then-MCBOS took effect on Dec. 10, 2024.
Heap argued in his conversation with The Federalist that the SSA in its current form hampers his offices ability to carry out the necessary functions delegated to his position. Specifically, he claimed that the decision to revoke his IT staff effectively puts him at the mercy of the MCBOS when it comes to fulfilling his election-related obligations.
All three of my duties recording of public documents, election services, and maintaining the voter rolls all those divisions need IT staff, and I dont have IT staff under this SSA, Heap said. So, if I want to do things that are exclusively under me, which includes reporting of public documents and voter roll maintenance I no longer have the staff to be able to do it. The Board says they will respond to my reasonable requests and their IT staff will work on my projects. But again, thats really dependent on the Board and their timetable.
After consulting with the Maricopa County attorneys office, Heap sent a letter to the MCBOS on Jan. 27, in which he declared that the October 2024 SSA is terminated, and all provisions therein are invalid. He argued that this decision is supported by Arizona law, which, as he described, states that one elected body cannot bind the powers of its successor.
This letter was issued after weeks of reported discussions with several Board members about the existing SSA.
At this point, both the recorders office and the MCBOS retained outside counsel to advise them on the matter, according to Heap.
After failing to renegotiate the agreement with the Board, Heap issued a press release on Feb. 24 explaining the situation and his concerns about the SSA. The recorder characterized the agreement as a backroom, eleventh hour power grab and proposed a series of changes for a new SSA.
According to the press release, Heap is seeking to [r]einstate the 2021 SSA structure, with agreed upon modifications and the recorders full authority over early voting, as per statute and past agreements, as well as [r]eturn the 4 Early Vote Processing [full-time employees] FTEs, 5 GIS technician FTEs, and a minimum of 15 IT FTEs to the Recorders office.
Im simply asking that the Board maintain the status quo and give me the same powers and authority that my predecessor [had], Heap told The Federalist.
MCBOS Chair Thomas Galvin, a Republican, released a Feb. 24 statement responding to Heap, claiming there were factual errors in Recorder Heaps statement about the agreement and that he doesnt view the ongoing dispute as a battle. In addition to Democrat Steve Gallardo, Galvin is the only other MCBOS member to serve on the Board that greenlit the current SSA.
My colleagues and I happily look forward to further and continued dialogue to ensure a new SSA aligns with Arizona law and best practices in election administration, Galvin said.
Heap told The Federalist that he and his outside counsel met with Galvin and MCBOS Vice Chair Kate Brophy McGee on Tuesday in what he characterized as a friendly meeting. According to the recorder, the members asked a few questions but mostly just listened to [his] proposals.
The meeting concluded without the Board agreeing to any terms and without the Board proposing any plans or conditions of their own. They stated they would review my draft SSA with their counsel and the other Board members and get back to me, Heap said.
Galvin did not respond to The Federalists request for comment.
While negotiations remain ongoing, the Board and Heaps impasse over the current SSA could potentially jeopardize the administration of Maricopa Countys upcoming 2025 elections. The county is slated to hold municipal contests for the cities of Goodyear and Glendale in May, with military and overseas ballots expected to be mailed out as soon as April 5.
All of this should have been resolved in January, and could have been resolved in a single meeting, Heap said. This issue cant be delayed until the end of March because theres deadlines and [election preparations] that have already begun [and] are taking place, and we need to get this agreement settled.
Heap said he is prepared to petition the courts to restore [his] statutory authority and resolve this impasse if the MCBOS refuses to engage in discussions about the SSA.
In [2024], the voters of Maricopa County sent a clear message: they want leaders who will implement efficient and trustworthy election reforms, Heap said. The Board has a legal obligation to provide elected offices with the staff and resources necessary to fulfill their statutory duties. If this dispute goes to court, I am confident my office will prevail.
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