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.”
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A series of posts to X on Tuesday sparked a firestorm of controversy when Merissa Hamilton of Strong Communities Action-EZAZ.org made a bombshell allegation that Maricopa County Election officials were made well aware of the potential for printing and supply issues during the 2022 statewide elections. Hamilton alleged that county officials moved forward without addressing the issues, citing a series of emails detailing the Maricopa County GOP raising concerns to then-Recorder Stephen Richer and Maricopa County Board of Supervisors’ Election Manager Scott Jarrett.
🚨 MARICOPA COUNTY ELECTION FAIL BOMBSHELL
Remember in 2022 when the nearly 70% of voting centers in Maricopa County failed on Election Day causing massive long lines and voter disenfranchisement resulting in @KariLake and @AbrahamHamadeh barely losing?
In the initial post Hamilton wrote, “Remember in 2022 when the nearly 70% of voting centers in Maricopa County failed on Election Day causing massive, long lines and voter disenfranchisement resulting in @KariLake and @AbrahamHamadeh barely losing? Maricopa County knew in advance their Election Day plan was set up for failure, and THEY LET IT FAIL!”
Hamilton noted that the emails were obtained for Strong Communities Action by The Gavel Project and civil rights activist and Arizona election attorney Ryan Heath saying, “Without his legal muscle we wouldn’t have secured it!”
In the thread that followed, Hamilton released several emails from then-Chairwoman of the Maricopa County Republican Committee Mickie Niland to Richer and Jarrett saying, “I remember hearing from Scott (Jarrett) at some point after the primary that there was a problem during the primary with some tabulators not reading correctly due to low ink. How long does it take you to get paper or ink to them if they run out? Is there a process for the voting locations to report when they are half out of paper? How far are the restocking trucks from the voting centers? Are you using the length of the lines to help you determine when more supplies are brought to the centers?“ She also asked if there was any way she could help.
Jarrett responded, “We’ve been monitoring turnout and are prepared,” adding that there was plenty of ballot paper and normal paper to print control slips as well as “sufficient toner and printer drums.”
Hamilton explained, “Several days ahead of Election Day, the Maricopa County GOP leadership warned Maricopa County that their Election Day plan would fail and disenfranchise voters. The Maricopa County BOS Election Director Scott Jarrett insisted everything would be fine saying he was ‘confident.’”
Niland, representing the Maricopa County GOP, even followed up with an email warning, “Trust is low and voting in person is the topic everyone wants to discuss with us. To us if you are basing your decisions off of history, we think things are different now.” Niland added, “Please consider this email the official raising of that flag.”
According to an investigation of the 2022 Maricopa County Election, former Arizona Supreme Court Chief Justice Ruth McGregor found that “many of the Oki B432 printers were not capable of reliably printing 20-inch ballots on 100-pound paper under election-day conditions.”
McGregor added, “The combined effect of the heavy paper, longer ballot, and intermittent burst of print demand pushed the printers to perform at the very edge of or past their capability, so that any decrease in fuser performance in an individual printer could result in problems.”
Replying to the post by Musk, Hamilton thanked the X owner for “bringing attention to this vital matter!” She also raised allegations that Maricopa County Board of Supervisors Chairman Thomas Galvin has blocked newly elected County Recorder Justin Heap from accessing “the IT staff and responsibilities assigned to him in AZ law to secure and run our elections!”
Later in the afternoon, Maricopa County published a post to X that outlined the October 2024 agreement, which demarcated the election responsibilities of the Board of Supervisors and the Recorder’s Office. Galvin shared the post as well.
The former recorder for Maricopa County, Stephen Richer, is again headlining a “Principles First” summit this weekend.
Principles First, the nonprofit behind the annual D.C.-based summit, proposes a medley of libertarian and progressive values as the true basis of conservatism.
In his panel, Richer will host a “keynote conversation” with former Congressman Adam Kinzinger on the last day of the conference. Kinzinger now works as a commentator for CNN.
Richer also participated in panels during last year’s Principles First summit, themed around defending elections. Richer’s panel focused on improving voter sentiments concerning election integrity.
“We can’t cede the territory [in politics]. We can’t just have it be people who don’t believe in democracy and Democrats, because that’s not a healthy system,” said Richer.
Principles First advocated for the election of Democratic candidate Kamala Harris in the 2024 presidential race.
Like others frequently involved with Principles First, Richer voted for Harris last year.
Principles First launched in 2019 as an alternative to the Conservative Political Action Conference (CPAC), founded by corporate lawyer Heath Mayo. Mayo voted for former President Joe Biden in 2020 and independent candidate Evan McMullin in 2016. Mayo planned on voting for Biden again prior to the former president dropping out of the race last year.
“Donald Trump represents an existential threat not just to the Republican Party, but to the constitutional principles that shape our country,” said Mayo in a Washington Examiner interview last June. “So, I personally would be voting for Biden.”
Other headliners for the summit this year can be classified as Democrats, centrist or left-leaning Republicans, or Republicans-turned-Democrats: entrepreneur Mark Cuban, Colorado Governor Jared Polis, former New Jersey Governor Chris Christie, former Congresswoman Barbara Comstock, lawyer John Conway, former Fifth Circuit Judge J. Michael Luttig, former Lieutenant Governor of Georgia Geoff Duncan, former Lieutenant Governor of Maryland Michael Steele, former Defense Press Secretary Alyssa Farah, chess grandmaster Garry Kasparov, former congressman and former Arkansas Governor Asa Hutchinson, former United Nations ambassador and National Security advisor John Bolton, former Attorney General Alberto Gonzales, political commentator and The Bulwark publisher Sarah Longwell, author and political candidate Harry Dunn, political commentator and former consultant Tim Miller, political analyst Michael Fanone, and journalist Steve Hayes.
Participant organizations include Unite America, The Bulwark, The Dispatch, Protect Democracy, Afghan American Veterans Alliance, American Values Coalition, Grumpy Combat Veteran, Veterans for All Voters, ESC, Country First, Leaving MAGA, Nate Gowdy Photography, Rank the Vote, Ranked Choice Voting Maryland, UpVote Virginia, The Concord Coalition, Citizens’ Climate Lobby, An Accountable America, Welcome Democracy Institute, Bright America, and Center for Collaborative Democracy Grand Bargain Project.
Past donors to Principles First included Defending Democracy Together, which gave the nonprofit over $600,000 per 2023 tax records.
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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.
🚨ELECTION INTEGRITY ALERT
Corruption in Maricopa County!
Supervisor @ThomasGalvin has STRIPPED Recorder @azJustinHeap of his control over our Elections and is REFUSING to reinstate it
Email & Call him now! Thomas.Galvin@maricopa.gov (602) 506-7431
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.
Had a great first month at the Recorder’s office with exciting initiatives leading to more transparency and confidence in our election processes!
There is a lot more planned, and this update is a great summary of our accomplishments and challenges facing the office: https://t.co/LCMJELAawB
— Maricopa County Recorder Justin Heap (@azjustinheap) February 8, 2025
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Election volunteers will be allowed to observe signature verification processes in Maricopa County up close for the first time.
Maricopa County Recorder Justin Heap announced the “common-sense” policy change on Monday. The recorder said the observers won’t have access to the party affiliation of voters.
“This change allows bipartisan election observers into the Signature Verification room to more directly observe the Signature Verification process,” said Heap. “This is one of the first of many commonsense improvements to make Maricopa’s election processes more trustworthy and transparent.”
This change allows bi-partisan election observers into the Signature Verification room to more directly observe the Signature Verification process. The new policy ensures Signature Verifiers are not able to see the Party Affiliation of the voters whose signatures are going… https://t.co/boxwqisUjG
— Maricopa County Recorder Justin Heap (@azjustinheap) February 4, 2025
In order to protect the party affiliation of voters, Maricopa County won’t display political parties or any “personally identifying data” on the signature verification screen. This change will take effect with the May 2025 elections, per the recorder’s office.
Heap revealed in Monday’s press release containing the policy change announcement that previous recorder administrations hadn’t been fully honest about election workers’ abilities to access voters’ party affiliations and personal identifying information. Per Heap, all election workers had to do to access that information was scroll down on their screens during signature verification processes.
“Previously, voters were assured by election officials that no party or personally identifying data was available to signature verifiers,” said Heap. “In my review of our election processes I have discovered this was not the case. Signature verification workers who scrolled down the page would still see this information on the scans of older ballots.”
Prior to Heap’s administration, election volunteers weren’t permitted to observe signature verification processes. In the accompanying press release issued on Monday, the recorder’s office claimed that the previous policies requiring signature verification observation to take place from an adjacent hallway some distance from the work “made meaningful observation of the process impossible.”
“Removing that data will accomplish two important things: it brings bi-partisan observers back into the room to scrutinize the process and ensures that verifiers do not know the party affiliation of the voters whose signatures they are verifying. This will be the first of many commonsense improvements we will be making to ensure that future elections in Maricopa County are run in a trustworthy, transparent, and efficient manner,” concluded Heap.
Ahead of the presidential election last year, the state established the first legally binding signature verification rules as part of necessary modifications to election dates made to comply with the shortened electoral count deadline.
Those signature verification rules (contained within HB 2785) require the rejection of early ballot envelopes bearing signatures that don’t match the voter’s registration or records. Beginning next year, voters may bypass the signature verification requirement by showing their ID while returning their early ballot in person. Other Republican-led aspects ensuring stricter signature verification were stripped from the bill following negotiations with Democratic lawmakers and Governor Katie Hobbs.
Improving signature verification processes was a top priority for Heap during his campaign to oust then-incumbent Stephen Richer. Heap attested during his campaign that the county’s standards for signature verification were too lax based on his personal experiment with the process.
We recent has bond elections all over the state. Bond elections are "Mail-in only" and the ONLY security measure we have on mail-in ballots in signature verification. So I decided to test the system. I signed my ballot with an old signature that I haven't used sign high school…
— Maricopa County Recorder Justin Heap (@azjustinheap) February 7, 2024
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