Arizona Cochise County Election Certification Refusal (Hobbs)

Lawsuit filed by Arizona Secretary of State Katie Hobbs (D) against Cochise County and the three members of the Cochise County Board of Supervisors for failing to canvass the county’s 2022 midterm elections results by the statutory deadline of Nov. 28, 2022. Canvassing is the process in which 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 Cochise County Board of Supervisors voted to postpone canvassing the 2022 election results, meaning the county missed the legally mandated deadline of Nov. 28. The plaintiff alleges that under Arizona law, the board was “required to meet and canvass the election by November 28th – but the Board has failed to take this required action.” The plaintiff also argues that the board’s inaction, in addition to violating Arizona law, will also “potentially disenfranchise the [tens of thousands of] voters of Cochise County.” Furthermore, the complaint notes that the board’s failure to canvass the election results is based on unfounded allegations “about the testing, certification, and accreditation of electronic voting equipment.” The plaintiff requests 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 no later than Dec. 1 so that the secretary of state can certify Arizona’s statewide election results without being forced to exclude votes from Cochise County. 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 Arizona Alliance for Retired Americans v. Crosby, where all other filings may be found.

Last updated: December 13, 2022 10:37 am EST