by Matthew Holloway | Apr 27, 2025 | News
By Matthew Holloway |
Maricopa County Supervisor Mark Stewart is hoping the latest Shared Services Agreement (SSA) approved unanimously this week by the Maricopa County Board of Supervisors wins approval by Maricopa County Recorder Justin Heap.
In a statement, Stewart wrote, “Yesterday, the Board of Supervisors voted unanimously to send a new draft of the Shared Services Agreement (SSA) concerning election responsibilities to Maricopa County Recorder, Justin Heap. This updated draft incorporates feedback from the Recorder’s Office. To be clear, this is not the final version of the SSA. The Recorder will now have the opportunity to review the document, propose additional revisions, and return it to the Board for further consideration.
He added, “Based on my discussions with Recorder Heap and members of the Board, we are 95% of the way towards finalizing the SSA. I am more optimistic about this process than at any point previously and am confident that we will reach a signed agreement in the near future.”
Board Chairman Thomas Galvin wrote in a statement Thursday, “For months, the Board and its staff have been negotiating details of a new SSA in good faith. It’s time the public knows the full story, and this latest agreement includes many concessions from our Board.”
In a statement released the same day, and later retracted, shared by several outlets, Heap wrote, “The Maricopa County Board of Supervisors presentation today was one side of an ongoing negotiation. Recorder Heap disagrees with some statements that were made; however, his focus remains on getting an elections agreement in place that best serves the voters of Maricopa County. The agreement put forth by the Board today represents the framework of a deal, but the devil is in the details, and those details still need to be ironed out. Recent delays in the negotiation stem from the Recorder’s need to secure more adequate counsel.
“With the appointment of former Arizona Supreme Court Justice Andrew Gould to assist in the negotiations, Recorder Heap anticipates and looks forward to a successful resolution and agreement in the near future.”
Under Arizona law, the responsibility for the management of elections falls between the County Boards of Supervisors and County Recorders. Ostensibly Shared Service Agreements delineate the responsibilities of each body to increase efficiency and prevent unnecessary spending.
Supervisor Debbie Lesko expressed herself as being “beyond frustrated,” with the process saying, “After the April 11th meeting between Recorder Heap and Supervisors Galvin and Brophy-McGee, Justin texted me saying the meeting ‘went very well, we seem to be in agreement on 95% and are only discussing minor details on how to effectively split the IT team.’ Our lawyer writes up the agreement based on the meeting and then, next thing I know, Justin fires his attorney and we seem to be back to square one.”
Supervisor Kate Brophy McGee laid the difficulties directly at the feat of the County Recorder saying, “Recorder Heap has not been a trustworthy partner in these negotiations. He doesn’t seem to know what he wants. He doesn’t seem to understand his statutory responsibilities. The only thing he seems to be really good at is threatening lawsuits. But there’s time for him to change. He can come back to the table and sign this agreement. I hope he does. Successful elections in Maricopa County depend on it.”
As of this report Recorder Heap has not released a revised statement, nor explained why the initial statement was taken down.
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.
by Staff Reporter | Apr 16, 2025 | News
By Staff Reporter |
Maricopa County leadership is asking U.S. Attorney General Pam Bondi to drop a lawsuit against Phoenix police and limit consent decrees.
In a letter sent to Bondi on Tuesday, Maricopa County Board of Supervisors Chairman Thomas Galvin made the case to drop the ongoing Department of Justice (DOJ) lawsuit against the Phoenix Police Department and further restrict consent decree usage in order to improve law enforcement capabilities.
“My colleagues and I share a commitment to effective policing,” said Galvin. “Federal oversight is an affront to federalism.”
Galvin said the controls exercised by the judicial branch over policing in recent decades amounted to “an assault on federalism and a quiet tyranny” perpetrated by activists. The chairman reminded Bondi that no instances of racial profiling in traffic stops emerged in Maricopa County following the 2013 ruling in Ortega Melendres, et al. v. Arpaio, et al. In that case, the ACLU, ACLU of Arizona, Mexican American Legal Defense and Educational Fund, and law firm Covington & Burling sued on behalf of Latino residents alleging Maricopa County Sheriff’s Office committed racial profiling in traffic stops when inquiring after immigration status.
“Tragically, one of the largest obstacles to protecting our citizens is legal: judicial takeovers of law enforcement through consent decrees, court-appointed monitors, and judgments that mutate over time to prevent local governments from ever satisfying their requirements and regaining local control,” wrote Galvin.
Galvin reported Maricopa County spent over $300 million on the consent decree and independent monitoring to comply with the 2013 federal court ruling. Galvin asked Bondi to restore limitations on consent decrees in order to lift the fiscal and administrative burdens on Maricopa County law enforcement.
Galvin also asked Bondi to drop the lawsuit against the Phoenix Police Department (PPD). Last June, the Biden administration’s DOJ accused PPD and the city of Phoenix of committing civil rights violations: excessive force and unjustified deadly force; unlawful detainment, citations, and arrests of homeless individuals; unlawful disposal of homeless belongings; discrimination against Black, Hispanic, and Native American individuals; free speech punishments; and discrimination against mentally ill individuals.
The DOJ’s accusations were a result of their investigation opened in August 2021. The DOJ sought to enter into a consent decree and independent monitoring, but the city refused.
“It simply sets the stage for a judgment that allows a federal judge to take over law enforcement in America’s fifth-largest city — exactly the nightmare that Maricopa County is living already,” wrote Galvin. “I am certain you will agree that our communities will only be safer and stronger if they were able to commit every resource to fighting the flow of drugs, violence, and human smuggling rather than chasing the whims of a federal judge.”
The county does have some support for an end to the lawsuit at the federal level.
Last month, Congressman Abe Hamadeh submitted a similar request letter to FBI Director Kash Patel requesting a rescission of the DOJ’s “desperate witch hunt” report on PPD.
“It is nothing more than an attempt to undercut valid police work, leaving my constituents — both officers and civilians — at risk,” wrote Hamadeh. “Despite the Biden DOJ’s baseless claims, our officers did everything right, voluntarily cooperating in good faith, opening their records, and participating in lengthy interviews. They were met with stonewalling, mischaracterized testimony, and a final report riddled with glaring inaccuracies.”
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
by Staff Reporter | Mar 3, 2025 | News
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.
by Matthew Holloway | Mar 2, 2025 | News
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.
by Staff Reporter | Feb 10, 2025 | News
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.
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