MC ELECTIONS SHARED SERVICES AGREEMENT.PDF

MARICOPA COUNTY ELECTIONS
SHARED SERVICES AGREEMENT

The MARICOPA COUNTY BOARD OF SUPERVISORS (the “Board”) and the MARICOPA
COUNTY RECORDER (the “Recorder”) enter into this Shared Services Agreement (the
“Agreement") to outline the mutual understanding of the Board and the Recorder
(together, the “Parties”) for the management of election-related activities in Maricopa

County.

1. Intent of the Agreement

The Parties have a shared interest in fulfilling their responsibilities and ensuring that
elections are administered efficiently and effectively. Therefore, certain services will
continue to be shared or delegated in this interest. The purpose of this Agreement is
to coordinate election-related activities in Maricopa County for sound economic

reasons, efficiency, and public convenience.

2. General Provisions

2.1. Supersedes Prior Agreements

The Agreement shall supersede and replace all prior agreements and understandings
between the Parties, whether oral or written, including without limitation the 2021
Elections Operations Agreement executed by the Parties on August 16, 2021 (C-06-22-
742-X-00) and the Shared Services Agreement executed by the parties on May 10,

2023 (C-06-23-690-X-00).

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2.2. Successors and Assigns

The Agreement will be binding upon and inure to the benefit of the Parties and their
respective representatives, successors, and assigns. The Parties will continue to be
bound by all terms of the Agreement without regard to the individuals holding the
respective offices of the Parties. The Agreement is intended to be solely for the benefit
of the Parties, their successors, and assigns. The Parties represent that they freely and

voluntarily enter into the Agreement without any degree of duress or compulsion.

2.3. Effective Date

The agreement will be effective December 10, 2024.

2.4, Amendment

The Agreement may not be amended except by a written amendment signed by each

of the Parties.

2.5. Choice of Law

The Agreement shall be governed by and construed in accordance with the laws of
the state of Arizona, including Title 16 of the Arizona Revised Statutes and the operative

Elections Procedures Manual (“EPM") published pursuant to A.R.S. § 16-452.

2.6. Severability

If any term of the Agreement is to any extent invalid, for any reason, including illegality
or conflict with applicable law or regulation, or is otherwise unenforceable, such
particular term shall be excluded to the extent of such invalidity or unenforceability;
all other terms hereof shall remain in full force and effect; and, to the extent permitted

and possible, the invalid or unenforceable term shall be deemed replaced by a term

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that is valid and enforceable and that comes closest to expressing the intention of

such invalid or unenforceable term.

2.7. Reporting Relationships

No “Dual Reports”. Employees of the Recorder will report to the Recorder or the
Recorder's designee. Employees of the Board (i.e, the County) will report to the County
Manager or the Board’s designee. No employee of the Recorder or the County will have
a “dual report” status such that they report to both the Recorder and the County

Manager or the Board's designee.

2.8. Term and Termination

The Agreement shall become effective upon the Effective Date named above in
section 2.3. Any Party seeking to terminate the Agreement shall do so by providing
written notice to all other Parties a minimum of 90 days prior to the end of a General
Election year (ie., an even-numbered year in which a General Election is held). The
termination date will be effective, and the Agreement terminated, at 11:59 p.m. on
December 31 of the even-numbered year in which the General Election is held
following the notice of termination being provided. Thus, a termination notice that is
made during an odd-numbered year will not become effective until December 31 of
the following year, after the next General Election held during the following, even-
numbered year. A notice of termination can be rescinded by the terminating Party at
any time before the expiration of the 90 days’ notice but must be rescinded in a writing
signed by the Party that invoked this Termination Clause. Any such revocation of

termination must be accepted in writing by the other Party.

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MARICOPA COUNTY ELECTIONS SHARED SERVICES AGREEMENT

3. Election Administration Generally

The Parties hereby agree to work together to administer elections as required by
Arizona law for the benefit of Maricopa County's citizens, as detailed in this Agreement.
In addition to their individual responsibilities as delineated herein, the Parties agree as

follows.

3.1. The Establishment of the Elections Department

The Board of Supervisors has established the Elections Department, overseen by the
County’s Director of Elections and staffed with a team of election-administration
professionals, to oversee and perform many of the election-related duties that are
assigned by law to the Board of Supervisors or the officer in charge of elections. The
Department will report to the Board through the County Manager's
administration. The Board via the County Manager will continue to employ a Director
of Elections to oversee those areas of election administration for which the Board is

responsible.

3.2, Communications

The Recorder and the Board will each utilize their own communications departments
to publicize their messages related to elections and election administration. The
Board and the Recorder are each free to speak about election administration but will
defer to other’s communications strategies and efforts when it involves a statutory,
EPM, or Agreement-assigned responsibility. Each will be respectful of the other's
positions as partners in the administration of elections and will coordinate their
messages where it is advantageous and practical for them to do so. The Recorder will
be responsible for responding as the Recorder sees fit to all e-mailed or messaged

constituent inquiries relating to the Recorder's particular responsibilities, as will the
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Board for its responsibilities. The PlO@risc.maricopa.gov media inbox will be retained

and used by the Recorder and the Media@risc.maricopa.gov media inbox will be

retained and used by the Board's Elections Department.

3.3. Discontinuation of Shared Administrative Functions

Prior agreements between the Parties contemplated shared administrative functions
between the two departments in the form of Public Records Request and Constituent
Services/Voter Information. This Agreement expressly declines to use any shared
administrative arrangements. Both departments will be responsible for their own
administrative functions, notwithstanding section 4.10 The voter information email

inbox will be retained by the Board of Supervisor's Election’s Department.

3.4. Human Resources

Except as set forth in section 4.2 concerning temporary employees, infra, and except
as regulated by other law or regulation regarding the appointment of Chief Deputies
by the Board for the County’s elected officers, the Parties will each be responsible for
the human resources for their own employees, including decisions related to the
discipline, training, coaching, development, hiring, and firing of their employees.
Unless requested and agreed upon, the Recorder will not exercise human resources
responsibilities for the Board's employees, and the Board will not exercise such

responsibilities for the Recorder's employees, except as set forth in section 4.2.

3.5. Budget and Finance

Unless requested and agreed upon, the Parties will each be responsible for the
procurement, budget, and finance-related activities the Agreement assigns to each

Party.

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3.6. Facilities

The principal election-administration facility for Maricopa County is the Maricopa
County Tabulation and Election Center (MCTEC). The Recorder's employees work in
MCTEC, and the 301 Administrative Building. The Board's election-related employees
also work in MCTEC, the 301 Chambers Building and the Elections office located at 222
East Javelina in Mesa, Arizona. Elections information technology shall be allocated
space (office, cubical, hotel, operational prep, storage) in each location as necessary.

Alllisted facilities are County-owned buildings.

3.7. Tours

Both Parties may give tours of MCTEC common areas (e.g, lobby, hallways, conference
rooms, training areas) and will attempt to coordinate with the other Party such tours
to the extent possible. Both Parties will give as much advance notice as possible to
the other Party. Neither Party will be precluded from giving tours because the other
does not wish to participate. Tours of the ballot tabulation center, warehouse, and
vote center command center require prior authorization from the Board’s designee.
Tours of the signature verification and curing rooms require prior authorization of the

Recorder's designee.
3.8. Ballot Tabulation Center and Other Areas of MCTEC With “Live” Ballots

No candidate in any election will have access to the Ballot Tabulation Center or any
other area of MCTEC where ballots are present and programing of the tabulation
system and equipment for that election is in progress or has been completed. See

Arizona EPM (2023). \

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3.9. Legislation

The Parties recognize that elections are governed by law, and that “good” law is
important to election administration. Accordingly, the Recorder and the Board,
whether jointly or independently, are free to propose, advocate, or oppose any
legislation at the state or federal level. They will coordinate these efforts where it is

advantageous and practical to do so.

3.10. Political Party Interactions

The Recorder and the Board will each be responsible for communicating with the
political parties for those election-related matters subject to their authority. See, e.g,
ARS. § 16-168(D) (requiring the Recorder to deliver precinct lists to the chairs of each
county political committee and state political parties); § 531(A) (allowing the county
political committee chairs to submit lists of party members to be election board
workers, which the Board’s Elections Director appoints). They will each try to
coordinate with the other Party-political party interactions to the greatest extent
possible and will each be respectful of the other's interactions related to their separate
areas of authority. Neither will negotiate or contract with the political parties regarding
the other's responsibilities. Nothing in this Paragraph is intended to infringe upon

either Party's First Amendment free speech or association rights.

3.11. Legal Representation

The Parties are jointly represented by the Maricopa County Attorney (hereafter, the
County Attorney and deputy county attorneys collectively will be referred to as
“MCAO"). If any part of this paragraph, including its sub-paragraphs, conflicts with
any provision of the Arizona Rules of Professional Conduct (Ariz. Sup.Ct. Rules, Rule 42),

the Arizona Rules of Professional Conduct shall control.
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3.12. Confidentiality

With this Agreement, the Parties do not waive the duty of confidentiality inherent in the
attorney-client relationship. Where a duty of confidentiality exists, MCAO shall
preserve inviolate the confidentiality of both the Board and the Recorder vis-a-vis
each other unless expressly authorized by the Party holding the privilege to share the
subject confidences with the other party, as it always does. Where no duty of
confidentiality exists, including without limitation when the Parties’ interests are
aligned in litigation, the Parties shall have no expectation of attorney-client
confidentiality vis-a-vis the other Party concerning discussions that may be had

between MCAO and each of the Parties.

3.13. Litigation and Appellate Services

Both Parties shall be represented by MCAO for all election-related litigation and
appeals unless the County Attorney determines that outside counsel is appropriate
because of a conflict or some other reason. When both Parties are a litigant in a
proceeding, MCAO shall make joint filings for the Parties (rather than a separate filing
for each of the Parties) at MCAO’s sole discretion based on its judgment concerning
how best to represent the interests of the Parties. MCAO’s decision concerning
whether to make joint filings shall not be grounds for either of the Parties to assert a

conflict.

3.14. Outside Counsel

Each of the Parties retains the right to request that the County Attorney appoint outside
counsel to represent its interests. Whether to appoint such outside counsel is within

the sole purview of the County Attorney.

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3.15. Chain of Custody

Both the Board and the Recorder are responsible for ensuring the safeguarding and
integrity of elections procedures for those areas under their authority. This includes
establishing efficient and secure chain of custody practices over ballots and other

voting information.

3.16. Matters Not Covered by the Agreement

The Agreement is not intended to be a comprehensive list of every duty, responsibility,
and administrative activity necessary to the administration of elections. Rather, the
Agreement highlights specific areas of responsibility that the Parties have determined
fall within the purview of one or the other of them as well as administrative functions
that are not addressed specifically by Arizona law. For any duty or responsibility for
election administration about which the Agreement is silent:

A. Where that duty, responsibility, or administrative activity is delegated by
statute or the EPM to one of the Parties, that Party shall be responsible for
that duty or responsibility.

B. Where that duty, responsibility, or administrative activity is delegated by
statute or the EPM to one of the Parties or “the officer in charge of elections”
(or similar language), the named Party shall be responsible for that duty or
responsibility.

C. Where the statutes and the EPM Agreement is silent with respect to who is
responsible for that duty, responsibility, or administrative activity, the
Recorder and the Board shall, with advice from MCAO, determine who is best
suited to carry out that duty, responsibility, or administrative activity, and

that Party shall be responsible for it as agreed to by the Parties.

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4. Board of Supervisors’ Responsibilities

The Board's responsibilities with respect to elections are broad, ranging from the
requirement to call and notice elections to tallying election results and canvassing
elections. Consistent with the duties and responsibilities conferred by the Arizona
Revised Statutes and EPM, the Board is responsible to:

A. Call, notice, and (where applicable) cancel elections.

B. Determine polling locations for election day and emergency voting and

provide supplies to the polling locations.

C. Appoint and train poll workers and other election board members.

D. Tally and certify election results by canvassing the election.
Pursuant to this Agreement, the Board is responsible for the following additional!
activities necessary to elections. To accomplish these responsibilities and fulfill its
statutory duties, the Board will appoint and employ an Elections Director and will
exercise its authority, and fulfill its responsibilities, through that Director or the

Director's designee/s.

41. Campaign Finance and Candidate Services

Arizona law requires that candidates for superior court judge or for county, district, and
precinct offices for which the electors of a county or a subdivision of a county are
entitled to vote must file their nomination papers with “the county elections officer.”
ARS. § 16-31I(F). Arizona law further provides that those required by law to file certain
campaign finance statements and reports must make their filings to “the county
officer in charge of elections,” who is “the filing officer” for county, school district, and
special taxing district elections, including retention elections for superior court judges.

ARS. § 16-928(A)(2). Pursuant to this Agreement, the Board is the filing officer and

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county elections officer in charge of elections for all such nomination papers and
campaign finance reports, and so shall be responsible to oversee Maricopa County's
campaign finance and candidate services as required by Arizona law. The Board will
provide a customer portal website and means for candidates and campaigns to

manage any required information and activities.

4.2. Temporary Election Workers

Many temporary employees are recruited and hired for each election. Some of these
workers, such as poll workers, report to the Board's Elections Director or the Elections
Director's designee. See, e.g., A.R.S. § 16-531(A). Others, such as signature verification
employees, report to the Recorder or the Recorder's designee. See, eg., ARS. § 16-
550(A). Arizona law is silent, however, concerning who is responsible to recruit, hire,
and pay temporary election workers necessary to Maricopa County's elections.
Pursuant to the Agreement, the Board will have all such Human Resources-related
responsibilities for all temporary election workers, whether they report to the Board or
to the Recorder. This will include recruiting, hiring, and paying those temporary
election workers. The Board will work with the Recorder in good faith to accommodate
all reasonable requests made by the Recorder of the Board regarding ternporary

election workers who will report to the Recorder.

4.3. Ballot Preparation

Arizona law charges the Board to “prepare and provide ballots” for elections, A.R.S. §
16-503, and to prepare sample ballots for general elections, § 16-510. The law charges
"the officer in charge of elections,” however, to prepare a proof of a sample ballot for
presidential preference and primary elections. §§ 16-245(C); -461(A). For elections
utilizing optical scanning systems, meanwhile, the law requires two sample ballots to
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be provided to each polling location but does not specify who shall prepare them. §
16-468(6). Pursuant to this Agreement, the Board shall be responsible to design and
prepare all ballots, including all sample ballots. This includes the responsibility to
procure the necessary software to build the ballot, and to create and edit the various

ballot styles.

4.4. Early Ballot Processing

Arizona law provides that the Board or officer in charge of elections shall appoint early
ballot processing board to process early ballots. § 16-551. Arizona EPM (2023) at 85
(Chapter 2.4.8), Pursuant to this agreement and unlike previous agreements between
the Parties, the Board is responsible for carrying out all early ballot processing as

prescribed by statute and the EPM.

4.5. Drop Boxes

Arizona law allows for the County to establish drop boxes into which voters may
securely deposit their early ballots voted. Arizona EPM (2023) at 72. All drop boxes and
their locations must be approved by the Board. Id. The Board “or officer in charge of
elections” must post a list of drop off and drop box locations on the Elections website.
id. at 61. The Recorder “or officer in charge of elections” must also “develop and
implement secure ballot retrieval and chain of custody procedures.” fd. The Recorder
“or officer in charge of elections” is also responsible to inspect the containers that
transport ballots from drop boxes to the Maricopa County Tabulation and Elections
Center, sign the retrieval form indicating the date and time of receipt, and note any
signs of tampering; open the containers and count and note the number of bailots;
and attach the completed retrieval form to the outside of each container. fd. at 62.
Pursuant to this Agreement, the Board is the “officer in charge of elections” for all
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matters related to drop boxes and so shail be responsible to fulfill each of these
responsibilities up until the transfer of custody of the early ballots to the Recorder for

the Recorder's execution of the Recorder's responsibilities relating to early ballots.

4.6. In-person Early Voting

Arizona law requires that every election must provide for early voting, A.R.S. § 18-541(A),
which includes in-person early voting, id; Arizona EPM (2023) at 75. Generally, it is the
. Board that is responsible to establish polling locations for in-person voting, § 16-41,
except that the Recorder may (but is not required to) establish early voting locations
for in-person voting at the Recorder's Office or elsewhere in the county as the Recorder
deems necessary, § 16-542(A). Pursuant to this Agreement, the Board will be
responsible to establish and administer all voting locations and replacement ballot
sites for all in-person early voting, just as it is responsible to establish and administer

such locations for election day and emergency voting.

4.7. Tabulation of Provisional Ballots

Arizona law specifies that those who appear at polling locations but are not listed on
the precinct register may vote on a provisional ballot. A.R.S. 88 16-579(A) (2); 16-584(B)
- (F). The law further provides that the Recorder shall determine whether those who
cast provisional ballots are registered voters and eligible to vote in the given election,
if they are not, their provisional ballot affidavit envelopes must remain unopened. §
16-584(E)€. The Recorder shall then notify the Board's Elections Director of that
determination for each provisional ballot. Following the Recorder's announcement of
a determination, the Board is responsible to decide which provisional ballots should
be tabulated and to count those ballots, id., because all tabulation of ballots is under
the direction of the Board, § 16-62I(A). The Board is also responsible for providing a
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method for notifying those casting provisional ballots whether their ballots were

verified and counted. § 16-584(F).

4.8. Hand-Count Audits

Arizona law requires “the officer in charge of the election” to conduct a hand-count
audit of “each countywide primary, special, general and presidential preference
election.” A.R.S. § 16-602(B). Pursuant to this Agreement, the Board is “the officer in
charge of the election” for the hand-count audit and so shall be responsible to
conduct the hand-count audit. The Recorder shall assist the Board as the Board and

Recorder determine necessary.

4.9. Jurisdictional and Other Contracted Elections

Maricopa County has long provided election services to municipal and other
government entities at their direction. The administration of jurisdictional elections will
be consistent with the provisions of the Agreement, regardiess of whether the
jurisdiction chooses to conduct an “all mail” election. The Board, or its designee, will
be responsible for maintaining the relationships with jurisdictions, including, but not

limited to, contracting, communication and coordination of election services.

4.10. Information Technology Services

The Board shall provide and maintain all IT-related services for the Recorder's election
and business-related responsibilities. The Board will provide these services through
the Elections specific support division, Elections Information Technology Division (E-
ITD), within Maricopa County Enterprise Technology & Innovation (ETI), which reports
up through the County Manager. The Board will consider all reasonable requests

made by the Recorder for the design, maintenance, configuration and administration

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of any IT-related service necessary for the Recorder to effectively perform its elections
or business-related responsibilities as designated. The process for making and
fulfilling these requests will be set forth in an Elections IT Service Level Agreement (SLA).
The Board will host and maintain all core information technology systems for the
Recorder including but not limited to:

e Elections & Recorder Operations (ERO) System.

e Recorder Document Information System (RDIS).

e Kiosk and Remote Recording Processing Services.

e Web Functionality & Services.

e Financial Processing Services.

e Database Services.

* Batch Automation Services.

« Data Storage & Integrity Services.

e Cyber Security Services.

° Notification Services (Email / SMS / ETC).

e Reporting Services.

e Geographic Information Services (GIS).

e Training Services.
This agreement will provide all information technology requirements and services for

the Recorders to fulfill the responsibilities and duties as outlined in the ARS and EPM.

5, Recorder's Responsibilities.

The Recorder's duties are broad with respect to voter registration, early voting, and
other aspects of election administration. Consistent with the duties and
responsibilities conferred by the Arizona Revised Statutes and the EPM, the Recorder is

responsible for many aspects of election administration, including:
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A. Maintaining voter registration records.

Planning and administering early vote requirements & activities.

C. Creating, certifying, and distributing precinct registers.

D. Receipt of early ballot requests via the web (online request page and
BeBallotReady.Vote), intranet (STAR), and ERO system.

Early ballot affidavit signature verification and curing.

Operational compliance with the Uniformed and Overseas Citizens
Absentee Voting Act ("“UOCAVA").

G. Updating websites through the Board maintained Content Management

Systems (CMS).

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MARICOPA COUNTY

BOARD OF SUPERVISORS

Jack Sellers, Chairman

Board of Supervisors

ATTEST:

Clerk of the Board

MARICOPA COUNTY

CLERK OF THE BOARD

MARICOPA COUNTY

RECORDER

Stephen Richer,

Maricopa County Recorde

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Date: _— fa Nene ys
Lt. (8, Loe

Joseph E. La Rue, Maricopa County Attorney's Office

Date: 10/18/2024

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