The decision by Pima County Superior Court Judge Casey F. McGinley came after a day-long hearing Friday in which opponents presented their case and called witnesses. The judge’s decision is likely to be appealed. Election day is Tuesday. McGinley said the county board of supervisors exceeded its legal authority by ordering the county recorder to count all ballots in the election that ends Tuesday, rather than the small sample required by state law. Opponents who sued to stop the proposed count — a group called the Arizona Alliance for Retired Americans — argued that state law allows only a small count of early ballots to ensure counting machines are accurate. Team members argued that a last-minute change would create chaos and potentially delay the certification of election results. Cochise County Elections Director Lisa Marra also opposed the expanded count plan and testified how it could delay results and compromise ballot security. The lawsuit challenged only the full count of about 30,000 early ballots, but the ruling went further by blocking hand counts of both early ballots and those cast on Election Day. McGinley wrote that state election laws set out a detailed process for randomly selecting Election Day ballots selected for the standard hand count. “This entire process would be rendered unnecessary if the court were to interpret (this section) as initially selecting 100% of the ballots as a starting point,” the judge wrote. “Because the statute does not allow election officials to begin the precinct count by counting all ballots, the Board’s requirement that election officials do so here is illegal.” The process for early voting has different rules, but it specifically says it must stop once that small sample matches the number of machines. This tally starts with 2% of the election or 5,000 ballots, whichever is less. “Because the board’s directive would require the initial screening of approximately 30,000 early ballots, it is not permitted by the plain language of the (law),” McGinley said. Retiree group president Saundra Cole called the decision a big win for county voters, especially retirees who often vote early. “All voters have the right to vote that will be counted — in the most accurate way,” Cole said in a statement “Elected officials must follow the law, and this decision affirms the rule of law. The push for hand counts follows a barrage of attacks on ballot counting machines by former President Donald Trump and his allies after the 2020 election, who have espoused various conspiracy theories. Election experts say the machines are faster and more accurate than counting votes by hand. They have been extensively tested and exhaustive reviews have found no issues with them. Peggy Judd, one of two Republicans on the three-member Cochise County Board of Supervisors who voted to count all the ballots, said she did so because many of her constituents thought it was important. “And I could have said there’s no evidence, but they said, ‘We can’t do that? We want to volunteer, we want to do this,” Judd said. “What would it hurt?” She said she doesn’t know if there will be an appeal, but if there is, she doesn’t want taxpayers to cover her share. “I’m glad I made the decision to have something to do,” Judd said. “I’m still 100% positive that what we did was okay and the right thing. The board voted to move forward despite opposition from the county’s Republican attorney-elect and Democratic Secretary of State’s director of elections Katie Hobbs. Both said the full count of early ballots is illegal under state election law. Hobbs is running for governor. Attorney General Mark Brnovich, a Republican, issued an informal opinion on Oct. 28, siding with the board. Cochise County Republican Recorder David Stevens, who has been charged by the county board of supervisors to conduct the count, has never overseen a hand count. that’s Marra’s role. He testified Friday that he plans to conduct the regular post-election count. He also criticized the method Stevens chose to use, saying it was prone to error. The county and its attorneys relied on a section of the state’s election procedures manual written by the secretary of state’s office that allows counties to select a larger number of early ballots for hand-counting, saying it gives them the authority to do a 100 percent count hands. McGinley said that because that proposal was not included in the actual election law, it “violates (the statute) and its requirement not to exceed an initial audit of 5,000 ballots. Stevens said he was surprised by that part of the decision. “The procedures manual was developed and written with the help of the recorders and directors of elections, it was approved by the secretary of state, it was approved by the governor and the attorney general, and now this line is illegal?” Stevens asked. “The court decided – what should I do? It seems strange to me that they can pick a line and say “this is illegal”. Stevens, who along with the board was named as a defendant, said a decision has not yet been made on the appeal. The two Cochise County Republican supervisors who voted to count 100 percent instead of the small sample counted in every other election contest were pushed to do so by people who believe former President Donald Trump’s baseless claims of voter fraud or problems – The counting machines led to his loss in 2020. The only Democrat on the board opposed hand counting. A Nevada county is also pushing for a full count to appease Trump supporters, but is battling with the secretary of state over rules for the count, while leaders in another GOP-led Arizona county rejected a similar effort last week. The hand count would cover four races chosen by lottery: one statewide elected official, one federal race, one state legislature and one statewide ballot. Marra testified that conducting a full recount would jeopardize the county’s certification of the election, which is scheduled to take place by Nov. 22. That could delay statewide certification, which is expected to trigger a recount because the threshold for mandatory recounts was significantly increased by the Legislature earlier this year. In a worst-case scenario, he said, that could lead to delays in installing newly elected officials in January. __ Follow AP’s coverage of the election at: Take a look to learn more about the issues and factors playing out in the 2022 midterm elections.
