Hand count all ballots? It's possible, but Cochise County ignored the rules, court says
Cochise County supervisors and the county recorder had no authority to attempt to hand count all ballots cast in the 2022 general election, the state Court of Appeals ruled Wednesday.
The ruling from the three-judge panel upholds a decision from a Pima County Superior Court judge that was issued nearly a year ago, a day before the statewide election.
The court concluded the county got ahead of itself when it insisted it could move to a full hand count immediately after the election and ignore the procedure outlined in state law.
"The county was required to follow the procedures mandated by the plain language of (the law), which creates a gradual, multi-step process that must be satisfied before a jurisdiction-wide hand-count audit of all precinct or early ballots may occur," Judge Michael Kelly of the Tucson-based court wrote.
Judges Sean Brearcliffe and Peter Eckerstrom concurred.
Cochise County officials had told the judges they intended to hand count future election results as long as the lower-court ruling was reversed.
Brian Blehm, who represented supervisors Tom Crosby and Peggy Judd, said he had not seen the ruling and could not comment.
The decision could freeze the county's intent to hand count future elections, including next year's presidential race, attorneys with the Democracy Docket noted in a news release on the ruling.
The case was brought by the Arizona Alliance of Retired Americans and Cochise County resident Stefani Stephenson. Attorney Marc Elias, whose Washington, D.C., firm was among the attorneys representing the plaintiffs in the case, founded the Democracy Docket to highlight election-related legal matters.
The court rejected the plaintiffs' request to have the county pay their attorney fees but did direct the county to cover the group's court costs.
Reach the reporter at maryjo.pitzl@arizonarepublic.com or at 602-228-7566 and follow her on Threads as well as on X, the platform formerly known as Twitter @maryjpitzl.
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This article originally appeared on Arizona Republic: Arizona appeals court rejects Cochise County's stance on ballot hand counts
