Lawsuit filed by the Arizona Alliance for Retired Americans and an Arizona voter against the Cochise County Board of Supervisors for its refusal to canvass the results of the 2022 midterm elections. Canvassing is the process where local election officials confirm results by reviewing and finalizing the unofficial results reported on election night. After counties complete canvassing, states can then certify election results. On Monday, Nov. 28, the two Republican members of the county board voted to postpone canvassing the 2022 election results, meaning the county will miss the legally mandated deadline of Nov. 28. The plaintiffs allege that this failure to perform the “ministerial and mandatory, not discretionary,” task of canvassing the county’s election results violates “the plain statutory text” of Arizona election law. The plaintiffs argue that the board’s decision not to canvass the election results is “unjustifiable, based on entirely unsubstantiated, vague allegations that the county’s electronic voting machines could not be trusted.” The plaintiffs request a writ of mandamus (a court order compelling a party to take a certain action) to order the board to canvass the county’s election results in accordance with Arizona law. On Dec. 1, a judge ruled from the bench and ordered Cochise County to certify its election results in compliance with Arizona law. This case was consolidated with Hobbs v. Crosby.
On Jan. 26, 2023 the court entered a final judgment in favor of the plaintiffs.
Case Documents (state court)
Case Documents (Federal Court)