By Matthew Holloway |

On Tuesday, Cochise County Superior Court Visiting Judge Michael Latham dismissed a lawsuit challenging the county’s plans for a new jail district election. He also denied a motion from Attorney General Kris Mayes and Secretary of State Adrian Fontes, who sought to intervene in the election.

According to the county, Judge Latham ruled that the upcoming election is “the most effective and efficient way to correct the issue” presented in the case and that it falls within “the Cochise County Board of Supervisors’ primary authority.”

Timothy La Sota, outside counsel representing the Cochise County Board of Supervisors, praised the decision in a statement released Tuesday.

He wrote, “Today, Cochise County once again prevailed in court in its efforts to protect the citizens of this County. The Board has agreed to hold a new election because the last election was seriously flawed and left nearly 11,000 eligible voters without ballots. Oddly, the Secretary of State and the Attorney General have attempted to usurp the Board’s lawful functions; first at the Supreme Court and now at the Superior Court and have failed at every turn. This ruling is a vindication of Cochise County’s plan to address a difficult election situation and a repudiation of efforts by statewide officials to butt in, take over local elections, and disenfranchise Cochise County voters in the process.”

The controversy surrounds a proposed 2023 excise tax that would apply until enough revenue is collected by the county to construct a new jail and retire any associated debt. An election held in 2023 by mail-in ballot only approved the tax but was later found to be flawed. An Arizona appellate court determined that because ballots were not sent to inactive voters and no polling places were opened, the election was invalid.

As noted by KVOA, prior to the lawsuit, the Board of Supervisors had already voted for a new election to address deficiencies in the previous election that failed to provide ballots for approximately 11,000 voters. However, the tax had already gone into effect and a sum of approximately $18 million has already been collected to date.

The board voted in March to approve a settlement agreement with the plaintiffs, covering $130,000 for their legal fees.

The Cochise County jail, now over forty-years old, has operated with failing infrastructure, an outdated security system, and a non-functional fire alarm system according to reports. With Supervisor Kathy Gomez of District 2 telling KGUN, “I am terrified of somebody dying under my watch with no fire alarm, and issues with all the doors opening, and you know, the electrical system.”

Commander for the Cochise County Sheriff’s Office Kenneth Bradshaw told reporters at the time, “Everybody agrees, even the Board of Supervisors agrees, that we need a new jail. It’s just a matter of how we get there and what the process was where we are now.”

The voters of Cochise County will decide the matter with early voting beginning October 8th through Election Day 2025. Statements for or against the tax are due by August 6th, and pamphlets will be mailed to voters by no later than September 30th.

Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.