AZ County Board members refuse to certify election results

The board overseeing a southeastern Arizona county whose Republican leaders expected to count all Election Day ballots Friday delayed certifying the results of last week’s vote after hearing a trio of theorists of the conspiracy which alleged that the counting machines were not certified.

The three men, or some combination of them, have filed at least four cases raising similar claims before the Arizona Supreme Court since 2021 in an attempt to have the state’s 2020 election results thrown out. The court has dismissed them all for lack of evidence, waiting too long after certifying the election, or asking for relief that could not be granted, with increasingly harsh language.

But Tom Rice, Brian Steiner and Daniel Wood managed to persuade the two Republicans who control the Cochise County Board of Supervisors that their claims were valid enough to delay the certification until the Nov. 28 deadline.

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They claimed that the United States Election Assistance Commission allowed certifications for testing companies to lapse, and that voided the certifications of vote tabulation equipment used throughout the state.

This came despite testimony from the state’s director of elections that the machines and the testing company were indeed certified.

“The equipment used in Cochise County is properly certified under both federal and state laws and requirements,” state elections director Kori Lorick told the board. “Claims that SLI testing labs were not properly accredited are false.”

The move is the latest drama in weeks in the Republican county, which began when Republican board members Tom Crosby and Peggy Judd voted to have all ballots from last week’s election hand-counted to determine whether the machine counts were accurate.

Crosby also defended a lawsuit he and Judd filed against the county elections director earlier this week to force a hand count. On Wednesday they dropped the case against Lisa Marra.

“If our presenters’ request is met with proof that our machines are actually legally and legally accredited, then we should accept the results,” Crosby said. “However, if the machines have not been legally certified, the opposite is also true. We cannot verify these elections now.”

Maricopa County ballots cast in the 2020 general election are being examined and counted by contractors in Phoenix, Arizona, on May 6, 2021.
(AP Photo/Matt York, Pool, File)

Crosby and Judd then voted to delay certification, with Crosby saying he believed Wood, Steiner and Rice should be provided since they were “the experts.”

Democratic Supervisor Ann English was powerless to overturn them.

The delay potentially jeopardizes state certification, set for Dec. 5, and at least one statewide recount.

Lorick issued a statement after the vote promising legal action to force the board to accept the results. Under Arizona law, elected election boards cannot change the formal election canvass; their only function is to accept the numbers as they are counted by their electoral departments.

“If they do not, the secretary (of state) will use all available legal resources to enforce compliance with Arizona law and protect the rights of Cochise County voters to have their votes counted,” Lorick said.

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All 15 Arizona counties face the same Nov. 28 deadline, but there is no sign that others are considering a similar challenge.

After the state certifies the results on Dec. 5, there will be a recount in at least one statewide race.

That contest, between Republican Abraham Hamadeh and Democrat Kris Mayes for attorney general, is so close that the count is safe. As of Friday night, Mayes was less than 600 votes ahead and fewer ballots remained to be counted than the margin for a mandatory recount, which will be about 12,500 votes.

“It’s going to be close, and every vote counts,” Mayes said in a brief interview. “And obviously we’re headed for a count, one way or another.”

Another statewide race is also on the verge of a recount, but Superintendent of Public Instruction Kathy Hoffman awarded Republican Tom Horne Thursday. Horne is a former school superintendent who served two years as attorney general before losing the 2014 primary. He was ahead by more than 9,000 votes on Friday.

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Horne criticized Hoffman for embracing progressive teaching and vowed to shut down any hint of “critical race theory,” which is not taught in public schools but is a hot topic for social conservatives.

Judd had said Wednesday that he will move to clear the way for the statewide recount.

“We had to step back from everything we were trying to do and say, OK, we’ve got to let this happen,” Judd told The Associated Press. “Because it’s the last thing we want to do to get in (Marra’s) way.”

There has been no evidence of widespread fraud or tampering with voting machines in 2020 or during this year’s midterm elections.

Arizona’s counting laws were changed this year. The previous margin for a mandatory count was 1/10 of 1%. It is now 0.5%.