Maricopa County Officials Conflicted Over Election Powers

Maricopa County Officials Conflicted Over Election Powers

By Staff Reporter |

The Maricopa County Board of Supervisors and Recorder are at an apparent impasse in resolving the ongoing conflict over the recorder’s election powers.

Historically, Maricopa County officials interpreted state law governing election functions at the county level to authorize the recorder with full responsibility over elections through a Shared Services Agreement (SSA). Changes made in recent years, especially those made last year, are the source of serious conflict between Recorder Justin Heap and the board of supervisors.

For over 30 years, county supervisors and the recorder abided by an SSA which granted the recorder all election responsibilities. In 2019, the board and former recorder (now secretary of state) Adrian Fontes lessened the recorder’s responsibilities by having the recorder’s office handle early voting while the board managed in-person voting and tabulation. 

Then, last October, the outgoing recorder Stephen Richer and board supervisors entered a new SSA. In a press release on Monday, Heap claimed that the new SSA further reduced the election-related responsibilities of the recorder’s office to signature verification only and reassigned a significant portion of the recorder’s budgeting and staffing to the board.

Heap announced that he submitted a letter to the supervisors claiming the new SSA was “not binding or enforceable,” referencing a consultation with the county attorney’s office. 

Heap characterized the ongoing negotiations over the SSA as a “battle” beset by “rising public outrage” and “misinformation” in his press release.

“Stephen Richer’s parting gift to the voters of Maricopa County, after suffering an embarrassing primary election defeat, was a punitive backroom agreement with the lame-duck Board majority designed to hamstring the office of the Recorder,” said Heap. “For weeks, since before being sworn into office, I’ve sought reasonable, common-sense solutions with my fellow Republicans on the Board, only to be ignored. Maricopa County elections need a practical, workable SSA to ensure efficient, accurate elections; however, the Supervisors’ refusal to engage in honest dialogue risks a crisis in our upcoming elections.”

Heap requested the board revert election-related authorities under provisions similar to those outlined in the 2021 SSA, and restore his authority over early voting. Heap threatened legal action if his demands weren’t met.

In response to Heap’s press release, the county posted a slightly different breakdown of election responsibilities between Heap’s office and the supervisors that evening. 

In the board of supervisor’s version of the SSA breakdown, recorder responsibilities consist of maintaining the voter registration database, preparing ballots and envelopes for voters, mailing early ballots to voters, receiving early ballots sent by USPS, managing in-bound envelope scanning, overseeing signature verification and curing of questionable signatures, sending and receiving UOCAVA ballots, administering Special Election Boards, and researching and curing all provisional ballots.

Supervisor election-related duties consist of managing candidate services and ballot-building; coordinating in-person voting for early, emergency, and Election Day voting; picking up ballots from early voting sites and drop boxes and providing to the recorder for in-bound envelope scanning; hiring and training election workers at the tabulation center and poll workers to support in-person voting; approving and managing operations of vote centers for early, emergency, and Election Day voting; processing ballots (removal of ballots from affidavit envelopes); tabulating all ballots (provisional, early, Election Day); canvassing of election results; and conducting recounts as ordered by statute. 

Board of Supervisors Chairman Thomas Galvin also issued a statement describing Heap’s account of recorder responsibilities and ongoing negotiations with the board as factually inaccurate.

“Conversations between the Board and its staff, and the Recorder and his staff, have been happening for weeks. Despite the factual errors in Recorder Heap’s statement, I don’t view this as a ‘battle,’” said Galvin. “Shared service agreements in Maricopa County are frequently renegotiated, each time in consultation with our attorneys to ensure compliance with state law.

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.”

AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.

Maricopa County Supervisors Vote Unanimously To Fund $480K Election Audit

Maricopa County Supervisors Vote Unanimously To Fund $480K Election Audit

By Matthew Holloway |

The Maricopa County Board of Supervisors voted unanimously on Wednesday to allocate up to $480k to perform an election audit in cooperation with the Maricopa County Elections Department and the County Recorder’s Office.

According to Maricopa County, the board has approved funding for two distinct independent reviews to be conducted on the technology employed by election officials as well as a comprehensive review of election processes. VoteBeat reporter Jen Fifield revealed in a post to X that the cost breakdown will be $80k for the technology review and $400k to review election processes to be conducted by outside firms through the normal Request for Proposal Process.

The Board of Supervisors’ website for the review detailed that the technology review will “make sure election equipment was not tampered with during the 2024 election cycle and cannot connect to the internet. The last in-depth review of our tabulation equipment was completed in 2021, and the County has replaced and upgraded many components of our tabulation equipment.”

Regarding the process review, investigators will “include extensive research about key aspects of the election process, especially those that seem to prompt confusion or concern, including: Physical Security, Chain of custody, Tabulation.”

The board noted that “The process will be overseen by the Maricopa County Internal Audit Department and will be free of Board and staff influence.”

Chairman of the Board of Supervisors Thomas Galvin said in a statement, “In my Chairman’s speech, I promised an independent review of Maricopa County election processes and procedures. That work starts today with Board approval of funding to our Internal Audit Department for a comprehensive review on key aspects of election administration in Maricopa County. We want to continue expanding transparency with the public and make adjustments where they are necessary. We welcome the opportunity to improve! I believe this comprehensive review, coupled with action from the state legislature to reform outdated laws, will give voters more confidence and ultimately strengthen American democracy.”

He posted to X, “The Board of Supervisors voted unanimously to hire an independent 3rd party to review our elections procedures & identify areas to improve. I’m proud to work with colleagues who are committed to operational excellence”

In a press release, Vice Chair Kate Brophy McGee, District 3, said, ““We are united in our belief that Maricopa County administers free and fair elections. However, I believe this comprehensive review will give voters more confidence and ultimately strengthen American democracy.”

Emphasizing the need for an audit by outside firms, Supervisor Mark Stewart, District 1, said in a statement, “Maricopa County deserves best-in-class elections. Today, a united Board took action to invest in a comprehensive, independent review of election processes and procedures because we recognize the value of outside expertise.”

“I hear it every day from friends and neighbors—they want a government that operates in plain view, that’s accountable to the people, and that jumps at the opportunity to get better. That’s what this comprehensive review is about, and I’m excited that we are moving forward with it on behalf of voters.”

According to the release, the board will release the findings generated by the auditors hired “in a public setting, without edits, revisions or changes,” with the board stating, “The auditors’ work will be theirs and theirs alone.”  

In later posts to X, responding to reports from AZCentral, Galvin openly criticized the 2022 Election Audit conducted by the firm Cyber Ninjas, commissioned by the Arizona Senate. He said, “I’m very proud of the fact that we’re going to allow a third party to come in and show us where we can do better. But when we emerge out of that, you’re going to see a stronger, more robust board … advocate for much needed election reforms at the state level.”

“I actually think the timing is perfect. …we’re not defensive and that we’re open to new ideas,” he added. “This is how you do it — not the way the Cyber Ninjas audit was done. So, frankly, I want to show that this is the right way to do it.”

Following the unanimous vote, the meeting of the Board of Supervisors ended abruptly after four of the 19 registered public commenters spoke. Galvin cited “too much yelling” for the reason of the abrupt ending. The discord centered around the ongoing disagreement between Galvin and Maricopa County Recorder Justin Heap regarding an agreement between former Recorder Stephen Richer and the outgoing Board of Supervisors, which set the election areas of responsibility for each office.

Merissa Hamilton of Strong Communities Action/EZAZ.org stated that Supervisors Stewart and Lesko remained to engage with the public following adjournment.

Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.

Maricopa County Recorder Operating Without Key Elections Powers

Maricopa County Recorder Operating Without Key Elections Powers

By Staff Reporter |

Maricopa County Recorder Justin Heap lacks key elections powers, thanks to late decisions by his predecessor and the former Maricopa County Board of Supervisors (BOS).

Reportedly, Heap is operating without a full budget, staff, IT support, access to county buildings, and confirmation of his deputy recorder selection. State lawmakers with the Arizona Freedom Caucus blamed BOS Chair Thomas Galvin for these ongoing limitations to Heap’s authority. 

State Senator Jake Hoffman urged Maricopa County residents to contact Galvin over the changes.

“Supervisor Thomas Galvin has STRIPPED Recorder Justin Heap of his control over our Elections and is REFUSING to reinstate it,” said Hoffman. 

Much of these developments occurred back in October, when the outgoing BOS members and former Recorder Stephen Richer approved changes to the powers of the recorder’s office. The changes took effect in December.

Under that agreement, the BOS assumed control over the recorder’s $5 million budget and IT staff. 

Additionally, the BOS appoints the early ballot processing board. Prior to that agreement, the recorder oversaw early ballot processing. 

In a statement issued at the time of the agreement, a county spokesperson said the county made changes to make the recorder’s office more efficient. 

“In Arizona, elections are administered by the County Board of Supervisors and the County Recorder. The Maricopa County Board of Supervisors and Recorder’s Office have had agreements in place to manage these administrative functions since the 1950s,” said the spokesperson. “The update to the current agreement will adjust administrative responsibilities to create efficiencies, most notably in Information Technology-related services.”

Ultimately, Arizona law empowers county boards of supervisors with authority over election administration. 

Despite these limitations, Heap has continued to work around the restrictions on his position. 

Last week, Heap announced his office’s policy change allowing bipartisan election observers into the signature verification room. 

Heap has done more than that his first month in office. In an update issued on Friday, the recorder recapped other accomplishments from his first days: removing a record number of inactive voters from voter registration rolls, preparing for impending upgrades to the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) process for military personnel on deployment, and eliminating the salaries and positions of six external communications officers to free up resources for elections databases and systems.

In that update, Heap addressed the allegations against Galvin and his predecessor. Heap disclosed that he anticipates a new agreement with the BOS will emerge soon reinstating his authority.

“I am currently working with the members of the Board of Supervisors to replace this agreement with one that serves the people and the mission they gave me to ensure future elections in Maricopa County are fully secure, efficiently operated and, above all, accurate. I am hopeful that we will have a new agreement in the near future that helps us all achieve those aims,” said Heap. 

AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.

Maricopa County Recorder Operating Without Key Elections Powers

Business Ordered To Cease Operations Following Court Settlement With Maricopa County

By Matthew Holloway |

Growers Market, a composting business located in Laveen, will be shuttering its operations in South Phoenix as a direct result of legal action brought by the Maricopa County Board of Supervisors.

According to a release from Maricopa County, the operators of Growers Market concluded an agreement with the Board that they be prohibited from operating the firm’s composting facility on the Laveen property involved in the legal complaint. The company also agreed to a series of strict stipulations imposed by the county that will result in the business’ operations being shut down rapidly and the composting material removed from the land.

As reported by ABC15, the facility, located near 27th Avenue and Dobbins, was first mentioned in a legal complaint against Growers Market on December 18th. According to the order obtained by ABC15, the court found the composting operation to be in violation of the property’s RU-43 zoning designation adding, “A composting operation is not authorized in that zoning designation without a special use permit. Defendants had neither applied for nor received a special use permit allowing the use of the Property for a composting operation. Maricopa County Zoning Ordinance (MCZO) sections 501 & 503.”

The county issued a Notice and Order for the owners to comply with the zoning in August and issued a hearing summons in September for the violation. On November 8th the hearing officer issued a Judgment and Order finding the business in violation of zoning, and the order was not appealed.

In a statement released to the press, Supervisor Steve Gallardo, who represents District 5 where the property is located, said, “This settlement is a big win for Laveen community members. This business could have continued operating for months while we waited around for court hearings to be scheduled. Instead, we took complaints seriously, took action to hold this business responsible, and prioritized results.”

Under the terms of the court order, the business must vacate the property by no later than March 1st or face fines of $1,000 per day. Growers Market will be authorized to begin processing all material on the land until January 20 when grinding or screening of mulch material must cease and all related equipment must be removed from the property.

Until the property is cleared, the county advised, Growers Market is permitted to haul off remaining mulch and materials Monday though Friday between 7am and 5pm through the March 1st deadline but must submit to regular inspections and provide weekly progress reports to County officials.

“Look, I support small businesses and want to see them thrive,” Gallardo began. “But when their operations start to affect the health and well-being of local residents, we have to get involved and put an end to it. I’m thankful for the sense of closure this settlement provides so Laveen residents can get back to their normal lives.”

According to the order, the property is anticipated to be used as a tree farm after the cleanup is complete.

Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.

Maricopa County Officials Conflicted Over Election Powers

Lesko Pushes For Comprehensive Audit Of Maricopa County Election System

By Daniel Stefanski |

A longtime west valley public servant is making good on a campaign promise in her new office.

Former U.S. Congresswoman Debbie Lesko was sworn into the Maricopa County Board of Supervisors for District 4 on Monday. In a post following the ceremony, Lesko said, “Honored to be sworn in today as your Maricopa County Supervisor. Thank you to the great people of the West Valley for your continued support! My priorities include public safety, election integrity and ensuring your taxpayer dollars are used wisely.”

In her first address as a county supervisor, Lesko confirmed that she would be “pushing … for a comprehensive audit of the entire election system in Maricopa County” – as a part of her priority to safeguard election integrity in her jurisdiction, which she had promised voters on the campaign trail. Supervisor Lesko also clarified her strong desire that this audit would be undertaken by a “reputable firm.” She received applause from some members of the audience at the Board of Supervisors meeting – its first of the new year and term.

The new chairman of the Board, Supervisor Thomas Galvin, announced that he and his colleagues would, in fact, spearhead a “comprehensive review” of Maricopa County’s elections this year to “ensure we are operating at optimum quality.”

Supervisor Lesko also noted her call late last year with the Florida Secretary of State and Arizona Senate President, where the group discussed “the differences between the states’ election systems and…areas where we can improve.” Republicans on this board will be looking to the Governor and state legislature to enact changes in statute to improve speed and efficiency of election results across Arizona.

Lesko’s successor in the U.S. House of Representatives, Congressman Abraham Hamadeh, noted the efforts from his predecessor on the election front, writing, “Congratulations to former Congresswoman and now Maricopa County Supervisor Debbie Lesko on her swearing-in! Supervisor Lesko is already hitting the ground running honoring her commitment to election integrity by proposing a full audit of our election system processes.”

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.