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Special Meeting Minutes Wednesday, February 18, 2026 3:00 PM BOARD OF SUPERVISORS Maricopa County, Arizona (and the Boards of Directors of the Flood Control District, Library District, Improvement Districts and/or Board of Deposit) "The mission of Maricopa County is to provide regional leadership and fiscally responsible, necessary public services to its residents so they can enjoy living in healthy and safe communities” Board Members Kate Brophy McGee, Chair, District 3 Debbie Lesko, Vice Chair, District 4 Mark Stewart, District 1 Thomas Galvin, District 2 Steve Gallardo, District 5 County Manager Jen Pokorski Clerk of the Board Juanita Garza Meeting Location Supervisors' Auditorium 205 W Jefferson Phoenix, AZ 85003 BOARD OF SUPERVISORS Chair Brophy McGee opened the meeting and asked the Clerk to call the roll. Chair Brophy McGee reminded audience members of the rules of decorum. The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Special Session at 3:00 PM on Wednesday, February 18, 2026, in the Supervisors' Auditorium 205 W. Jefferson, Phoenix, AZ 85003, with the following members present: Kate Brophy McGee, Chair, District 3; Debbie Lesko, Vice Chair, District 4; Mark Stewart, Supervisor, District 1 (remote);Thomas Galvin, Supervisor, District 2; Steve Gallardo, Supervisor, District 5. Also present: Juanita Garza, Clerk; Mia Vargas, Minutes Coordinator (remote); Jen Pokorski, County Manager; Brooke Worcester, Legal Counsel. 1. SWORN REPORT FROM MARICOPA COUNTY RECORDER JUSTIN HEAP Sworn report from Maricopa County Recorder Justin Heap pursuant to A.R.S. 11-253. (C-06-26-257-X-00) Chair Brophy McGee called the meeting to order and introduced the first item on the agenda, Sworn Report from Maricopa County Recorder Justin Heap, noting that Supervisor Stewart had separate counsel, at his request, solely for representation in Heap v. Galvin lawsuit. Recorder Heap and his staff came forward to present. He introduced his Chief Deputy Recorder, Jeff Mason and his counsel, James Rogers with America First Legal. Juanita Garza, Clerk of the Board, administered the oath to Mr. Heap. Mr. James Rogers began by stating that the Board’s cited statute does not authorize compelled document production, and approximately 10,000 pages of records were produced under public records law for inspection only and must be returned for redaction before copying. Recorder Heap explained the challenges faced in providing itemized expenditures, financial records, reports on signature verification and curing, and cost efficiencies. He continued by explaining the signature verification process, the legal requirements for rejecting ballots, and the role of Special Election Boards (SEBs) in assisting voters who need help with voting. He spoke about the expansion of SEBs under previous Special Meeting Minutes Wednesday, February 18, 2026 Page 2 of 6 administrations and the decision to revert to the intended use of SEBs for voter assistance. Recorder Heap addressed the Board's concerns about voter disenfranchisement, emphasizing that his office follows the law and has not seen evidence of disenfranchisement this year. He explained the need for an Agilis machine to speed up the process of verifying and sorting provisional ballots, especially during major elections. Mr. Heap answered limited board questions, reiterated that he believed he had fulfilled his reporting duties within the statutory 10-day period, and declined to commit to a future voluntary appearance while the statute allowing potential removal from office remains in play, indicating he would consider an invitation once he sees its terms and context. Presentation only. No action taken. ~ Chair Brophy McGee called for a brief recess ~ ~ The Chair reconvened the Special Meeting ~ ACTION 2. POSSIBLE ACTION CONCERNING ELECTION SERVICES AND RESOURCES FOR MARICOPA COUNTY RECORDER’S OFFICE Discussion and possible action concerning election services and resources for the office of the Maricopa County Recorder. (C-06-26-261-X-00) Chair Brophy McGee reconvened the Special Meeting and announced that, during the recess, she received a letter from Maricopa County Attorney, Rachel Mitchell appointing Steven Tully to represent Board Member Mark Stewart in the lawsuit Heap v. Galvin. The other four board members are represented by Kory Langhofer of Statecraft Law. Chair Brophy McGee introduced agenda item number two, Possible Action Concerning Election Services and Resources for Maricopa County Recorder’s Office and asked the Board's attorney Kory Langhofer, to come forward. Mr. Langhofer discussed stalled settlement negotiations with Recorder Justin Heap over elections IT and in person early voting. Mr. Langhofer explained that, in lieu of a bilateral agreement, the proposed Board resolution would unilaterally adopt these core terms as County policy in areas where the Board has clear authority (budget, real estate, operations). Board members said the proposal largely reflects the Recorder’s requests and is intended to stabilize election operations for 2026, while expressing frustration over the lack of a substantive written response from the Recorder’s side. Supervisor Galvin questioned Mr. Langhofer about his elections law expertise and noted that Recorder Heap had filed five emergency motions. Supervisor Galvin emphasized that the Board must safeguard election integrity and taxpayer resources while still attempting to accommodate the Recorder’s primary requests. Supervisor Stewart, while expressing concern about process and timing, ultimately supported moving forward with the resolution if it advances resolution of the conflict and prepares the County for the 2026 elections. Special Meeting Minutes Wednesday, February 18, 2026 Page 3 of 6 Chair Brophy McGee offered closing remarks regarding the Resolution. Motion to approve the Resolution before them by Supervisor Debbie Lesko, seconded by Supervisor Thomas Galvin The Clerk read the Resolution. Chair Brophy McGee asked the Clerk for a roll call vote. The Clerk called the roll with each supervisor explaining their vote with the following results: Ayes: Steve Gallardo, Debbie Lesko, Thomas Galvin, Mark Stewart, Kate Brophy McGee MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. _______________________________ Kate Brophy McGee, Chair of the Board ATTEST: ____________________________ Juanita Garza, Clerk of the Board Special Meeting Minutes Wednesday, February 18, 2026 Page 4 of 6 RESOLUTION Special Meeting Minutes Wednesday, February 18, 2026 Page 5 of 6 Special Meeting Minutes Wednesday, February 18, 2026 Page 6 of 6