BREAKING: Cochise County Socked For $36k In Attys Fees/Costs For Delaying Certification of Election Results Last November (READ Order)

Last November, two of Cochise County's (three) Supervisors decided to delay certifying the election results. Then-Secretary of State Katie Hobbs and the Arizona Alliance of Retired Americans went to court to force the certification (of the Lake-leaning) county's results.

Tonight, Superior Court Judge Casey McGinley ruled that Cochise County must repay approximately $36,000 in attorneys' fees and costs to the plaintiffs. It is not yet clear whether the award is only to be collected from Cochise County itself, the two Supervisors personally for resisting certification, , or whether they are jointly responsible for the $36,000.*

It is important to note that these are different than "sanctions" imposed as a punishment for filing a groundless lawsuit. Judge McGinley cited the two different Arizona statutes that call for the AARA and the Secretary of State to be repaid their attorneys' fees and court costs if successful in this mandamus action.

McCauley argued that the court never had to issue an "enforceable order" against Cochise County and therefore the plaintiffs were not "prevailing parties". The judge denied that argument.

The two Supervisors and County Recorder David Stevens had previously planned to try to hand count all of the ballots, and also expressed concern with the election process in Maricopa County.

*The uncertainty exists because the Order specifically notes that Supervisor Ann English is *not* subject to the award: "Such costs and fees are not assessed against Defendant English, as she did not oppose the relief sought by Plaintiffs, and in fact joined in the request that the Court issue the writ of mandamus."

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