Thursday, November 10, 2022

BREAKING UPDATE: Arizona Supreme Court REFUSES To Take Cochise County Hand Count Appeal (Stays in intermediate Court of Appeals)

UPDATE, 11/11, 11:11am: The Arizona Supreme Court today refused to pull rank and take the Cochise County hand count appeal from the intermediate level Court of Appeals. Duty Justice Bill Montgomery considered the request (detailed below), and said no. The case will remain with Division 2 of the Court of Appeals.

In addition, the Court of Appeals (Div 2) yesterday REFUSED to treat this as an expedited election matter. The Court conducted a telephonic conference and Recorder David Stevens CONCEDED that this case did not meet the definition of an expedited elections matter. This means that the trial court's order to NOT hand count ALL ballots will stay in place through the canvassing process.

Original Article: BREAKING: Cochise County Asks AZ Supreme Court To Permit Hand Count Of All Ballots

Attorneys for the Cochise County Recorder and Board of Supervisors are asking the Arizona Supreme Court to take control of their appeal to permit a hand count of all ballots cast in Tuesday's election.

The Court has the authority to yank the appeal of the Superior Court Judge's injunction prohibiting the extra-legal hand count from the intermediate Court of Appeals.

The County says the transfer is necessary so that they can finish a hand count before certification of the results is required before the official canvassing of the results later this month. The request also cites the tabulator issues in Maricopa County as a factor in why "voter confidence in the accuracy of electronic tabulation is at an all-time low," although they cite no support for that claim. 

Here is their request:

This article was reported by AZ Law founder Paul Weich. Paul was running for a seat in Arizona's House of Representatives.

"AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona's Politics on the internet. 

AZ Law airs on non-profit Sun Sounds of Arizona, a statewide reading service that provides audio access to printed material for people who cannot hold or read print material due to a disability. If you know someone who could benefit from this 24/7 service, please let them know about member-supported Sun Sounds. And, YOU can donate or listen here. 

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