021826SB.DOCX

Maricopa County — Formal (2026-06-24)

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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

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Wednesday, February 18, 2026
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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.

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Wednesday, February 18, 2026
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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

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RESOLUTION

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