In a significant move to address election management issues, the Maricopa County Board of Supervisors has established guidelines to direct election operations amid the absence of a Shared Services Agreement (SSA) with the Recorder’s Office. This development comes as tensions rise between the two offices over election responsibilities.
Chair Kate Brophy McGee of District 3 criticized Recorder Justin Heap for frequently resorting to judicial intervention rather than resolving matters internally. She stated, “Justin Heap likes to make a big deal about separation of powers, yet he repeatedly runs to the judicial branch to intervene in matters that should be worked out between elected officials.” McGee emphasized the importance of transparency and public awareness regarding the county’s approach to managing contentious issues, ensuring the integrity and security of elections for Maricopa County voters.
On February 11, 2026, the Board extended a new proposal to Recorder Heap, seeking to reconcile key concerns he had previously highlighted, including the management of early in-person voting and the division of IT services. Despite this, Heap has not actively engaged with the Board’s offer, which grants his office considerable control over these areas.
Resolution & Policy In Lieu of SSA
In the absence of a shared services agreement, the Board unanimously passed a resolution addressing issues highlighted by Recorder Heap. The policy aims to respect statutory rights, ensure smooth election operations, and resolve ongoing litigation issues.
The policy addresses three primary categories:
- IT Separation
- In-Person Early Voting
- Additional budget requests
New SSA Offer
Shared service agreements are essential for defining roles and responsibilities in election management according to state law, and they can enhance efficiency. During a public meeting, the Board’s legal counsel outlined the critical aspects of the latest SSA proposal, which includes:
- Additional IT positions for the Recorder’s Office until full system separation is achieved.
- A joint selection process for Vote Center locations based on objective criteria, including compliance with federal civil rights laws.
- Collaboration on troubleshooting at voting sites
- Cooperative poll worker training
- Joint hiring of temporary recruiters for election workers
Vice Chair Debbie Lesko of District 4 remarked, “Justin Heap wants control of all IT functions; we offered to split them. He wants control of in-person early voting; we’re fine with that. This is a fair offer. The ball is in the Recorder’s court. All he has to do is reply.”
SSA Background
Negotiations regarding the SSA have been ongoing since last spring. On April 11, 2025, Recorder Heap and his team met with Supervisors Galvin and Brophy McGee to discuss a potential agreement. Heap later communicated to Supervisors Debbie Lesko and Mark Stewart that they agreed on 95% of the issues, with minor details on IT division remaining.
Following this meeting, a new SSA draft was sent to Recorder Heap on April 12, reflecting agreed changes. Nevertheless, Heap responded in mid-May, introducing 170 amendments and labeling it as their “final offer.” Subsequently, Heap filed a lawsuit against the Board. Supervisor Thomas Galvin of District 2 expressed frustration, stating, “We thought we had a deal and then we got sued. It was totally unnecessary and a complete waste of tax dollars.” He added that the judge has been encouraging both parties to resolve the matter independently.
Written Report & Testimony from Recorder Heap
In today’s meeting, the Board listened to Recorder Heap’s testimony. Exercising authority under ARS § 11-253, the Board had recently mandated Heap to submit a written report and provide sworn public testimony on voter disenfranchisement claims and other critical issues.
Supervisor Steve Gallardo of District 5 expressed concerns, saying, “I’ve worked in elections. I’ve worked with recorders from both major political parties. I’ve never seen a recorder so blatantly and flagrantly thumb his nose at the voters by not being transparent, by refusing to answer questions until he’s literally compelled by law to show up.” Gallardo emphasized the importance of the report for budgeting the upcoming elections and ensuring voter confidence in 2026.
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