October 20, 2023

Appeals Court Rules in Favor of Arizona Alliance in 2022 Cochise County Election Case; Hand Counting Ballots Not Allowed in Arizona Elections

The Arizona State Court of Appeals ruled in favor of the Arizona Alliance Wednesday, deciding that the Cochise County supervisors and the county recorder had no authority under Arizona law to attempt to hand count all ballots cast in the 2022 general election. The case is Arizona Alliance for Retired Americans v. Crosby. Arizona Alliance members testified during the trial portion of the case.

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 when the Cochise County Board of Supervisors voted to hand count early ballots despite state law requiring that hand counts of early ballots only be conducted after two state audits of a random sample of ballots.

Ignoring warnings from state officials, the county prepared a full hand count audit of early ballots, prompting the Arizona Alliance to file a swift lawsuit, alleging that the early audit would sow confusion among voters and undermine confidence in Arizona’s elections.

The court concluded the county got ahead of itself when it insisted it could move to a full hand count of all ballots after the election.

Wednesday’s decision also freezes the county’s intent to hand count ballots in future elections, including next year’s presidential race.

“Voters in Arizona and every state have the right to cast a ballot that will be counted in the most accurate way possible,” said Dora Vasquez, Executive Director of the Arizona Alliance. “This ruling affirms the rule of law.”