Pima County Superior Court Judge Casey F. McGinley made the decision after a hearing Friday in which opponents called witnesses and presented evidence. An appeal is likely.
The judge said officials in Cochise County exceeded their authority by ordering the county recorder to count all ballots cast in Tuesday’s election rather than the small sample required by state law.
Opponents — a retiree group consisting of the Arizona Alliance for Retired Americans and a constituent — sued to stop the full count. They argued that state law allows only a small count of early ballots to ensure counting machines are accurate.
A last-minute change would create chaos and potentially delay the certification of election results, they said. Cochise County Elections Director Lisa Marra also opposes the expanded count plan and testified how it could delay results and compromise ballot security.
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A campaign volunteer stands at a Kari Lake merchandise table during a campaign in Gilbert, Ariz. On Monday, a judge blocked an Arizona county’s plan to conduct a full recount of ballots from Tuesday’s election. (AP)
“This decision is a big win for all voters in Cochise County, especially older voters who are more likely to vote early in Arizona,” said Saundra Cole, president of the Arizona AARA chapter, according to AZ Central.
The lawsuit challenged only the counting of about 30,000 early ballots. However, the decision appears to have blocked the full counting of ballots that will also be cast on Tuesday.
“This entire process would be rendered unnecessary if the court were to interpret (this section) as initially selecting 100 percent of the ballots as a starting point,” McGinley wrote.
The two Republicans who hold the majority on the three-member Cochise County Board of Supervisors voted to proceed with a full count of early ballots despite opposition from the county’s Republican attorney-elect and Democratic Secretary of State Katie Hobbs’ election director. . Both said the full count of early ballots is illegal under state election law, which allows only 1 percent, or 5,000 of the early ballots, whichever is less, to be counted to ensure the machines’ accuracy. Hobbs is running for governor.
The decision comes as Arizona faces several House races and a Senate race that could determine which political party holds a majority in Congress. Elected officials on both sides have warned of intimidation tactics and electoral practices that could sway the results in favor of the other.
Last week, a federal judge in Arizona ordered a temporary restraining order for poll watchers to stay at least 250 feet away from some polling places after complaints that gun-toting, masked people intimidated voters.
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The League of Women Voters of Arizona sought the order after Clean Elections USA called for 24-hour polling surveillance in Maricopa County, where election controversy remains high two years after the 2020 general election.
The Associated Press contributed to this report.