On Thursday, Alex Kolodin, attorney for Cochise County Recorder David Stevens, offered clarification on Stevens’ reported intention to conduct a 100% hand count audit. Kolodin made clear that Stevens does not intend to conduct a 100% audit until one is approved by the court.
The 100% hand count was ordered by a majority of the Cochise County Board of Supervisors, then Sen. Mark Kelly’s associates successfully challenged the Board’s authority to demand a hand count of early ballots cast in this month’s General Election.
The Board had decided to proceed with the hand count despite threats and intimidation from Cochise County Attorney Brian McIntyre, who claimed the hand count would be illegal. His position was contrary to an opinion from the Arizona Attorney General’s Office (AGO), which found nothing in state law that would prevent the effort.
According to an informal opinion Deputy Solicitor General Michael Catlett issued to State Sen. David Gowan (R-Sierra Vista), “Cochise County has discretion to perform an expanded hand count audit of all ballots cast in person at 100% of the precincts or voting centers located in Cochise County, along with 100% of early ballots cast in Cochise County, so long as the expanded hand count audit of statewide and federal races is limited to five contested statewide and federal races appearing on the 2022 General Election ballot.”
The Board is appealing Judge McGinley’s ruling.
“I fully agree with you that the trial court’s ruling is the current law of the land, however temporary that may be. Obviously, Recorder Stevens’ communications have been construed (or, rather, misconstrued) by the press to indicate that our client intends to defy the Court’s order. Such is often the case when non-attorneys opposed to Secretary Hobbs’ position speak to a hostile media outlet which functions mostly as a messaging arm of her campaign. This is why hearsay is not evidence in a court of law,” continued Kolodin.
Kolodin and his client believe that the judge’s ruling does not completely prohibit the County from conducting an expanded hand count audit. They note that the court’s order provides: “[T]he Cochise County Recorder, Cochise County Director of Elections, or any other officer in charge elections for Cochise County shall conduct any hand count of precinct ballots or hand count audit of early ballots strictly in accordance with A.R.S. 16-602, as described in this Ruling.”
As previously reported in the Arizona Daily Independent, the plans for a hand count audit of all in-person and early ballots cast in Cochise County become the subject of a lawsuit filed by the Madduri’s clients, Arizona Alliance for Retired Americans, which is an affiliate of the Arizona AFL-CIO. The Alliance is joined as plaintiff by Stephani Stephenson, a registered voter in the county.
Named as defendants in the lawsuit are the three members of the county’s Board of Supervisors along with County Recorder David Stevens and County Elections Director Lisa Marra. All are named in their official capacity only.
The legal issue dates back to Oct. 24 when the Board of Supervisors met to consider expanding the two post-election hand counts defined in state law and the Arizona Elections Procedures Manual (EPM).
Supervisors Tom Crosby and Peggy Judd, both Republicans, voted that “the County Recorder or other officer in charge of elections shall take such action necessary to perform a hand count audit of all County precincts…to assure agreement with the voting machine totals.”