Mohave County Supervisor Ron Gould cannot get legal immunity in advance for voting to hand count all upcoming election ballots. His lawsuit against Arizona Attorney General Kris Mayes was dismissed today by Maricopa County Superior Court Judge Brad Astrowsky.
Gould filed the declaratory judgment action early this year, after Mayes had advised the Mohave County Board that conducting a full hand count would be against Arizona laws (that Gould had helped shape as a former lawmaker).
The case was dismissed before trial because Gould's rights as one Supervisor were not yet impacted (because his fellow Supervisors voted against a full hand count). "Supervisor Gould cannot seek relief that can only be sought through collective action of the Board, if it can be sought at all," wrote Astrowsky.
The judge did not assess attorneys' fees sanctions against Gould because the statute the AG's attorneys used to ask for the fees only applies when one government (official) sues another. Astrowsky noted that the AG had earlier argued that Gould was only suing as a (non-official) individual.
This article was reported by AZ Law founder Paul Weich.
"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.
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