Maricopa County Officials at Odds Over Election Authority

By Staff Reporter |

The Maricopa County Board of Supervisors and Recorder face a significant stalemate regarding the recorder’s electoral powers. This issue arises amidst changing interpretations of state election laws, which historically granted the recorder comprehensive authority over electoral processes through a Shared Services Agreement (SSA).

For over three decades, the county supervisors and recorder adhered to an SSA that allocated full election responsibilities to the recorder’s office. However, in 2019, an agreement between the board and former recorder Adrian Fontes diminished those powers, splitting election duties between the recorder’s office and the board. The recorder’s office was tasked with early voting, while the board assumed control of in-person voting and tabulation.

In October, a revised SSA came into effect, negotiated by the outgoing recorder Stephen Richer and the board supervisors, significantly limiting the recorder’s functions to signature verification alone. This new agreement also transferred considerable budgeting and staffing responsibilities from the recorder to the board.

In a recent press release, Recorder Justin Heap stated that he considers the SSA “not binding or enforceable,” citing a discussion with the county attorney. Heap described the current negotiations as a “battle” fueled by “rising public outrage” and misinformation.

“Stephen Richer’s parting gift to the voters of Maricopa County was a punitive backroom agreement designed to undermine the office of the Recorder,” Heap said. He criticized the board for ignoring his overtures for dialogue and called for a return to a prior SSA structure to restore his authority over early voting. Heap also warned of potential legal action if his demands are unmet.

In response to Heap’s press statement, the Board of Supervisors released a detailed account of the responsibilities assigned to both the recorder’s office and the board. According to their version, the recorder retains duties like maintaining the voter registration database, preparing ballots, managing early ballots, and overseeing signature verification. Conversely, the board’s responsibilities include managing candidate services, coordinating in-person voting, and conducting election recounts.

Board Chairman Thomas Galvin refuted Heap’s characterizations of the negotiations, stating they were factually incorrect. “Conversations have been ongoing, and I don’t view this as a ‘battle,’” he emphasized. Galvin expressed his intention to continue discussions aimed at reaching an SSA aligned with state law and best practices in election administration.