Despite warnings of legal consequences, Cochise County supervisors vote for hand count of ballots
The Cochise County Board of Supervisors voted Monday to require a full hand recount of ballots for the Nov. 8 election, despite dire warnings from attorneys and others that the move was unlawful and would result in a lawsuit and a potential loss of state funding.
During a four-hour meeting and public testimony, Republican supervisors Tom Crosby and Peggy Judd voted for the measure put forth by Crosby. Supervisor Ann English, a Democrat, voted against it.
"It's about the people, its about our right to vote and how our votes are counted and feel confident in the election process," Judd said during the meeting.
State Elections Services Director Kori Lorick called into the meeting on behalf of the Secretary of State's Office and said the board would face a lawsuit if the hand-count proposal passed. A state lawmaker also warned the board that he would request that the attorney general investigate the board's move, which could result in the withholding of state funds to Cochise County.
Lorick also said it would be "impossible to complete an accurate hand count of an election with dozens of races on the ballot without redirecting critical resources needed to run the election."
With just two weeks until the election, she warned the proposal would cause voter confusion.
"Attempting to implement a full hand count at this late stage would jeopardize the county's ability to conduct a fair and accurate election," Lorick said.
While many supporters of the measure who spoke at the meeting said they fear voting machines are not accurately certified, Lorick maintained that the machines are federally and state certified. She also said the state conducts pre- and post-election logic and accuracy testing, and post-election limited hand count audits.
A spokesperson from the Arizona Counties Insurance Pool also called into the meeting. He told supervisors it would be "improper" to expect other counties to pay Cochise County's attorney bills in the face of a lawsuit. He warned supervisors that the county would not have insurance to count on and would not have an attorney hired for them.
"It would be up to the county to make these proper decisions as how they would defend any lawsuits. In my experience there will be lawsuits over this, no matter what you do in this situation there will be lawsuits," he said.
On Tuesday, following the vote, the Secretary of State's Office sent the board a letter requesting clarification on what the county plans to do in regards to the hand count. The supervisors have scheduled an emergency meeting for Wednesday at 1 p.m. to discuss the letter as well as legal representation for the board.
County attorney warns supervisors
Cochise County Attorney Brian McIntyre has said repeatedly that the proposal is unlawful. At Monday's meeting, he reiterated that no authorization for a separate hand count exists in law. He also said county employees cannot be asked to violate the law, “even if you conclude what the law reads despite my advice.”
He pointed out that every other county in the state has reached the same conclusion, including Pinal County.
“Ultimately the Legislature is the proper place to address this. That is how government works, not unilaterally deciding to go a new direction because of the will of an admittedly vocal portion of the public,” McIntyre said.
More than 100 attendees filled the Board of Supervisors hearing room in Bisbee. The scene was tense as members of the public cajoled and booed those who disagreed with the measure. Some of those opposing the hand count yelled, "Follow the law!" at those who supported the measure. Every seat was taken and members of the public lined the walls.
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Some attendees brought signs, most showing they were in favor of the measure with a few holding signs against it.
Members of the public who spoke against the measure said it was a waste of time and money. Many speakers said it was unlawful, and that they trusted the current voting system. They implored Judd and Crosby to vote against the measure.
Opponents also said they did not want taxpayers’ dollars to pay for a hand count of ballots.
Attendees who spoke in support of hand counting ballots said they were concerned that the voting machines were not properly certified. Others wondered why people were so worried about a hand count if there was nothing to hide. Many reiterated unproven claims that the 2020 election was stolen, and said their trust in the election system was damaged.
Despite the proposal stating the hand count “shall be completed prior to the canvass of general election results,” Judd said the count would take place “completely afterwards." She did not explain what she meant by that.
Before voting for the measure, Judd said that despite the legal advice she was unlikely to change her mind.
“I'd like to take this chance. My heart and my work has been in it and I don’t want to back down. I might go to jail,” she said about the proposal.
Hand count could take 2,500 hours
The Arizona Legislative Council had weighed in on the issue, too, in a memo to Rep. Gail Griffin, R-Hereford, where the attorneys for the Legislature reiterated the issue with legality around hand counting the ballots.
The memo said hand counting the ballots in addition to using the electronic tabulating equipment is prohibited “unless it becomes impracticable to count all or some of the ballots with tabulating equipment.”
Cochise County has about 87,000 voters; in 2020, nearly 61,000 of them cast ballots.
According to an article by Votebeat Arizona, Lisa Marra, director of elections for the county, estimated the proposed hand count would take about 2,500 hours to complete.
English, the Democrat on the county board, said she has not heard details about how the hand count will occur and how it will be paid for. She also said she believed the issue is not for the board of supervisors to address.
"We are designed by the state. They tell us what we can do," English said. "So If they haven't given us the authority then we can't do it."
Coverage of southern Arizona on azcentral.com and in The Arizona Republic is funded by the nonprofit Report for America in association with The Republic.
Reach the reporter at [email protected].
This article originally appeared on Arizona Republic: Cochise County supervisors approve hand count of election ballots
