BISBEE — Over the objections of both the Cochise County Attorney and the Arizona Secretary of State, the Cochise County Board of Supervisors voted 2-1 Monday to direct the County Recorder to conduct a hand-count of every county precinct’s votes in the Nov. 8 election.
“I could take advice all day and probably not change my mind,” said Supervisor Peggy Judd, whose district includes Willcox. “But I’d really like to have this chance, take this chance.”
Judd and Supervisor Tom Crosby voted to approve. Board Chair Ann English voted in opposition.
“I personally believe the voting machines the board bought, and the state verified, are secure and accurate,” English said.
Under the approved motion, the hand count is to “assure agreement with the voting machine count.” And the hand count must be completed prior to the certification of election results by the Board of Supervisors.
The county already conducts an audit of the voting machine count via random samplings overseen by county officials and representatives of the Republican and Democratic parties.
County Attorney Brian McIntyre said the requirement of a 100 percent hand count is in conflict with state law.
“There is no statutory authorization for this proposed separate hand count, or validation. It violates the elections statutes and the elections procedures manual,” McIntyre said, adding that the board cannot compel county employees to violate the law.
“I have a duty to defend only those claims which I deem unjust,” McIntyre said. “Because I have advised you there is no legal basis for this, I cannot ethically defend you against any claims over this action. The board will pay its own attorney’s fees, and when opposing parties prevail in their claims, the board will pay those parties’ attorney’s fees. If the court finds bad faith on the part of individual supervisors, you will potentially be personally liable for those actions.”
Prior to the meeting, on Oct. 19, Kori Lorick, the state Elections director wrote to the Board of Supervisors, informing them that if a 100 percent hand count is approved, the Secretary of State’s Office would “take all available legal action to ensure that Cochise County conducts the 2022 General Election in compliance with Arizona law.”
During the meeting, a representative with the Arizona Counties Insurance Pool said that, due to the advice of the County Attorney and Secretary of State’s Office, the insurance pool would not insure the county against any actions brought as a result of the motion and would not pay for an attorney to defend the county.
In a letter to the county, State Rep. Joel John, R-Dist. 4, said if the motion is approved, he would file a complaint with the Arizona Attorney General’s Office and, if the county is found in violation of state law, it could result in the withholding and redistribution of Cochise County’s state shared revenue.
“Arizonans deserve timely, secure and accurate election results — not a re-do of the Cyber Ninjas circus that made us the laughingstock of the nation,” John wrote.
The meeting lasted four hours, with upward of 60 members of the public offering opinions on the motion. Public comment on hand-counting all the county’s ballots was split.
