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Board unanimously approves resolution authorizing vote centers, emergency centers and drop boxes after heated dispute with county recorder

Maricopa County Board of Supervisors · May 20, 2026
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Summary

Facing a letter from County Recorder Justin Heap’s attorney warning of possible criminal exposure for ballot-handling, the Maricopa County Board of Supervisors voted unanimously May 20 to adopt a resolution authorizing vote centers, emergency vote centers and secure drop boxes for the July 2026 primary. Supervisors sharply criticized the recorder's counsel and called for structured meetings to resolve operational disputes.

The Maricopa County Board of Supervisors voted unanimously on May 20 to adopt a resolution authorizing voting centers, emergency voting centers and secure drop boxes for the July 2026 primary, after sharp debate over a letter sent that morning by County Recorder Justin Heap’s attorney.

Madam Clerk read the resolution, which cites Arizona Revised Statutes and the Elections Procedures Manual as the statutory basis for the board's authority to adopt vote centers and approve drop-box locations. The resolution authorizes the elections director to sign facility-use agreements and to make limited location changes if an approved voting site becomes unavailable.

Vice Chair Lesko read and summarized portions of a letter from James Rogers, identified in the meeting as the recorder’s attorney, that warned the board that establishing certain drop boxes "during early voting without statutory authority" could constitute criminal exposure. Lesko quoted the letter’s language saying that "any person or entity involved in establishing or operating such unauthorized drop boxes is committing a class 5 felony," and said the board’s staff and temporary election workers could be exposed.

Board members and public commenters strongly criticized the tone and timing of the attorney's letter. "This is shocking and appalling," Supervisor Galvin said, calling the suggestion that employees or volunteers could face criminal charges "unprecedented" in his experience. Supervisor Gallardo said he doubted the recorder's competency to collaborate and called the letter part of a broader pattern of obstruction. Several public speakers urged the board to protect voters and resist actions they said would disenfranchise large groups.

Elections staff told the board that planning and logistics for early voting locations and drop boxes had been coordinated with members of the recorder’s office and that menus of service meetings and budget meetings dating to February included drop-box planning and staffing arrangements. Staff noted that publishing final voting locations is time-sensitive (statute and guidance require timely public notice) and that political parties and staffing must be organized in advance of the election.

Supervisor Stewart proposed, but failed to secure a second for, a short-term compromise amendment that would have given the recorder until June 1 to object to any listed drop-box locations and required the board to reconvene by June 4 to address objections. The amendment died for lack of a second.

After additional comments from supervisors — who said they felt compelled to act to provide certainty to voters and to enable elections staff to proceed — the board conducted a roll call. All five supervisors voted aye. The clerk recorded a unanimous 5–0 vote to adopt the resolution. Chair Brophy McGee urged the recorder to "start leading your office" and to work collaboratively in the coming weeks.

The board's resolution adopts finalized lists of vote centers and drop-box locations (exhibits attached to the resolution) for the 2026 primary and authorizes operational steps so staff can publish locations, recruit observers and hire temporary workers. Board members said they remain open to structured, recorded meetings with the recorder to resolve operational disagreements.

The board adjourned after completing the day's business.