Cochise County approved the election results, despite their hand count audit failing to count nearly 60 percent of the required number of ballots.
The Cochise County Board of Supervisors accepted and certified their canvass during a brief special meeting on Wednesday.
The county’s election director, Marisol Renteria, presented the canvass alongside Joe Casey. Casey said that Secretary of State Adrian Fontes and Cochise County Attorney Brian McIntyre gave election officials permission to certify the election despite the incorrect hand count total.
“On November 19, it was brought to our attention that there was an incorrect calculation done on the number of hand counts for early voters but at this time we had contacted the secretary of state and county attorney’s office and we’re in agreement that we are ready to certify the election,” said Casey.
Casey noted that the discrepancies found within their undercounted hand count audit were within the “acceptable margin of error.” Indeed, Fontes’ office has marked the status of the county’s hand count as “completed,” having discrepancies “within the acceptable margin.”
None of the supervisors questioned or challenged the audit undercount, contributing to the brevity of the meeting at just seven minutes long.
My Herald Review first reported on the county’s failure to audit all the required ballots.
Hand count audits ensure the accuracy of the machine ballot counting.
The report from the county’s election director, Marisol Renteria, showed that the county audited only 200 ballots rather than the nearly 500 required. State law requires auditing one percent of the total number of cast early ballots. Cochise County based their one percent off of the initial batch of early ballots tabulated on Election Day, rather than the total number of early ballots cast.
Casey noted that the county experienced other issues during the election as well. This included vote center wait times reaching well over two hours, a bomb threat on Election Day at vote center two, and a power outage on November 13 lasting about five hours.
“We did deal with some challenges, some abnormalities and some incidents throughout the last few weeks,” said Casey.
Supervisor Peggy Judd — who made the motion to accept the results — thanked the elections staff, and added that they weren’t at fault for the election issues, including the recently-discovered audit undercount.
“No one can be blamed, it was just something that was going to happen. It would have happened to anyone. I’m glad it wasn’t me,” said Judd.
Judd and fellow supervisor Tom Crosby faced indictments for felony-level election interference and conspiracy over their delaying certification of the 2022 election results. Judd and Crosby maintained concerns over election equipment malfunctions that occurred and desired a complete audit of in-person election day ballots.
Last month, Judd pleaded guilty to election interference and entered into a plea deal for a misdemeanor, avoiding the felony punishments: 90 days’ minimum unsupervised probation and a $500 fine.
Supervisor Ann English commended the elections staff for finding solutions to the problems presented during the election. English remarked that this time around, the county had “an efficient, effective election.”
This election, the county had 82,200 registered voters, with a 72 percent voter turnout (almost 60,000 voters).
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The Arizona State Bar Cochise County Attorney declined to punish Brian McIntyre last week for working against his own county supervisors, and the bar ultimately dismissed the complaint against him. However, the state bar did issue a public admonition against him, according to the Arizona Daily Independent.
The state bar dismissed the complaint because, according to their statements, they felt that lawyer discipline was achievable through “instructional comment,” and because McIntyre had completed a client confidentiality course. The bar admonished McIntyre for airing out his concerns and the county supervisors’ confidential information publicly instead of the more appropriate venue of an executive session.
During a 2022 public meeting in which the Cochise County Board of Supervisors was discussing a post-election hand count audit, McIntyre revealed that he’d advised the board against the audit.
After the board was sued over the audit, McIntyre then sent a letter to the plaintiffs’ counsel disclosing a list of laws he believed his clients had potentially violated.
Former Pima County Supervisor Ally Miller and State Representative Alexander Kolodin had filed the complaint against McIntyre late last year for those actions. The pair alleged that McIntyre violated attorney-client privilege with his remarks during that 2022 public meeting, and that McIntyre had worked against his clients with the letter by providing legal analysis and fodder for the media against his clients.
The controversy escalated amid the state bar investigation after an uncovered document revealed that McIntyre had apparently colluded with Attorney General Kris Mayes and Secretary of State Adrian Fontes against his county supervisors.
The document was a letter from McIntyre to Mayes, in which the county attorney had asked the attorney general to retract an opinion set by her predecessor, Mark Brnovich, on expanded hand counts. McIntyre sent the letter amid an active appeal by his clients (the county supervisors) to conduct those hand counts.
“Key to our initial efforts was determining the readily apparent potential conflicts with pursuing a prosecution that might result from that investigation. While I remain satisfied that legally we could move forward if evidence warranted doing so, practically it would create substantial issues for this office’s relationship with the Board moving forward,” wrote McIntyre. “Unfortunately, recent events outside the office may also create the appearance that any prosecution is motivated by less than just concerns.”
After the state bar began investigating McIntyre last December, Mayes brought down indictments reflecting felony-level election interference and conspiracy charges against Cochise County Supervisors Peggy Judd and Tom Crosby.
McIntyre would later testify to the grand jury on the controversial 2022 general election audit.
Several months after struggling with his county supervisors over the 2022 audit, McIntyre was arrested and pleaded guilty to an extreme DUI in early 2023. An extreme DUI applies to blood alcohol content (BAC) levels over .15 percent (the Arizona legal limit is .08 percent); McIntyre had a .2 percent BAC.
The arrest video showed McIntyre was refusing to believe law enforcement’s breathalyzer results.
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Even with an ever-widening political divide yielding highly disparate views of Attorney General Kris Mayes, most may agree that she has kept to her campaign promises, especially with the indictment of those Republicans who challenged the 2020 and 2022 election results.
Securing back-to-back indictments for two highly contentious elections in what amounts to just over her first year in office didn’t come cleanly. Mayes had to break some eggs in the process.
Late last year, the State Bar began an ongoing investigation into Cochise County Attorney Brian McIntyre over allegations that he colluded with Mayes and Secretary of State Adrian Fontes against his own county supervisors, a blatant violation of attorney-client privilege.
McIntyre’s alleged collusion was outlined in a letter that surfaced recently amid that investigation, as reported by The Arizona Daily Independent.
In that letter, McIntyre had requested Mayes to retract the opinion set by her predecessor, Mark Brnovich, on expanded hand counts, a request made while his clients were actively appealing for their ability to conduct those hand counts. Mayes did just that.
The same month that the State Bar began to investigate McIntyre, Mayes secured indictments against Cochise County Supervisors Peggy Judd and Tom Crosby for delaying certification of the 2022 election results. The pair were hit with felony-level election interference and conspiracy charges.
Maricopa County Superior Court Judge Geoffrey Fish heard oral arguments in their case last month. Counsel for Crosby argued in court that Mayes was a “rogue prosecutor” leading a “rogue prosecution” attempting to read motives into Judd and Crosby’s actions amid the 2022 election.
Assistant Attorney General Todd Lawson told the judge that Judd and Crosby were in on “an overall conspiracy, a larger plan” aimed at chaos with the ultimate goal to “obstruct the election.” Lawson disputed that Judd and Crosby, much less any other county supervisor, had the right to do any more to review election results than simply pass along the vote tallies to the secretary of state.
That sentiment drove, in part, the indictments against President Donald Trump’s 2020 electors and their conspirators. 18 were hit with felony charges of conspiracy, fraud, and forgery last month: Kelli and Michael Ward, Tyler Bowyer, Nancy Cottle, State Senators Jake Hoffman and Anthony Kern, Jim Lamon, Robert Montgomery, Samuel Moorhead, Lorraine Pellegrino, Gregory Safsten, Christina Bobb, John Eastman, Jenna Ellis, Boris Epshteyn, Rudy Giuliani, Mark Meadows, and Mike Roman.
According to a new report from Politico featuring anonymous tipsters, these indictments were unprecedented and even rang of the “rogue” characterization.
Some of those indicted were promised repeatedly by prosecutors that they were not the subject of investigation, least of all charges: Bobb and Ellis among them. And yet, the grand jury indicted both.
A grand jury will only indict those who are presented by prosecutors as potential defendants. Nonetheless, Mayes’ office told Politico that responsibility lay with the jury for the indictments.
“The State Grand Jury was given leeway to conduct an independent investigation, as it is entitled to do by law,” said Mayes’ spokesperson, Richie Taylor. “I cannot confirm or deny the specifics of grand jury proceedings, and I will note that the investigation remains open and ongoing. I will have to decline to comment further.”
Multiple high-level prosecutors concurred to Politico that the indictments were “unusual” and “bad form.” They questioned the claims by prosecutors that they were unaware of plans to bring up Bobb and Ellis to the grand jury.
The merit of the prosecutors’ claims earned further scrutiny after they ordered witnesses pleading the Fifth to appear before the grand jury at the jurors’ request. The prosecutors could’ve excused those witnesses, as is customary and even recommended by the Justice Department; instead, they forced them to face questioning and risk the possibility of appearing guilty by remaining silent.
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State Rep. Alex Kolodin (R-LD03) and Allyson Miller, former Pima County supervisor, filed a bar complaint against the Cochise County attorney, Brian McIntyre, on Monday.
Kolodin and Miller accused McIntyre of violating Rule 1.6, attorney-client privilege, for revealing privileged advice given to the Cochise County Board of Supervisors in connection with handling the 2022 election results.
The board considered a post-election hand count audit last year; during a public meeting, McIntyre revealed that he’d advised the board against the audit. Kolodin and Miller said the revelation amounted to a violation of attorney-client privilege.
Following the lawsuit against the supervisors — his clients — over the audit, McIntyre also sent a letter to their counsel disclosing a list of laws he believed the supervisors potentially violated. Kolodin and Miller asserted that McIntyre’s letter was unnecessary, crafted in a way to provide legal analysis, and used by the media to the detriment of the supervisors.
For these actions, the pair also accused McIntyre of violating Rules 1.1, requiring competent representation of a client; 1.7, 1.8, and 1.9, prohibiting conflict of interest; and 3.8(f), requiring behavior to promote public confidence in the integrity and impartiality of the legal system.
“It is time for equal justice under law,” posted Kolodin on X.
This AM @SupervisorAlly and I filed an election-related bar complaint against Cochise Co. Atty Brian McIntyre for apparent violations of the atty/client privilege – his most sacred duty. It is time for equal justice under law. pic.twitter.com/2iPjSVonaO
The complaint comes shortly after the bar put Kolodin on 18 months of probation for representing those challenging the 2020 election results. The State Grand Jury indicted Cochise County Supervisors Peggy Judd and Tom Crosby last month over the 2022 audit controversy, which resulted in a delay of the statewide canvass.
Kolodin says he filed the complaint in order to ensure the equal application of ethical standards, regardless of political alignment.
In a statement to AZ Free News, Kolodin said that McIntyre’s actions were deserving of scrutiny and, if applicable, discipline.
“Equal justice under law is a foundational legal principle,” said Kolodin. “Regardless of the policy preferences we advocate for, the law must be fairly and neutrally applied.”
Miller told AZ Free News that McIntyre should’ve done better to protect the supervisors by handling privileged legal information through an executive session. Miller opined that McIntyre abandoned the supervisors.
“He doesn’t have a right to be a judge,” said Miller.
The former supervisor also asserted that Judd and Crosby abided by the statutory deadline on canvassing, since they certified on Dec. 1 and state law imposes a deadline of the fourth Monday following the general election — or, Dec. 5 — for certification. The statute also allows for the canvass to be postponed “from day to day” for up to 30 days from Election Day until all counties submit their canvasses.
“If the official canvass of any county has not been received on the fourth Monday following the general election, the canvass shall be postponed from day to day, not to exceed thirty days from the date of the election, until canvasses from all counties are received,” reads A.R.S. 16-648(c).
Miller said she felt every official in the state should sign onto their complaint, surmising that McIntyre’s actions set a dangerous precedent for counsel to undermine officials based on political reasons.
“You have a right to be represented in the discharge of your duty,” said Miller.
Kolodin and Miller’s bar complaint prompted a flurry of online commentary from Rep. Paul Gosar (R-AZ-09), who applauded the bar complaint against McIntyre. Gosar pointed out that no Democrat-aligned lawyers were sanctioned under 2000 or 2016 election challenges.
The unfounded attacks on @KariLake lawyers and @realAlexKolodin is unprecedented. Not 1 dem lawyer was sanctioned for frivolous legal filings in FL in 2000 or WI, MI or PA in 2016 where dems spent $7.4 MILLION in recount lawsuits in those states & lost every suit. (3/4) https://t.co/QC8e5yj3ho
Gosar portrayed Kolodin as one of a class of lawyers punished for representing causes and individuals “disfavored by the regime,” a hallmark of autocracy according to the congressman.
“This form of oppression is well documented by autocrats desperate [to] stop any challenge [to] their legitimacy,” said Kolodin.
@realAlexKolodin The assault on lawyers willing 2 rep causes & people disfavored by the regime in power is reaching dangerous levels in AZ & across the country. This form of oppression is well documented by autocrats desperate 2 stop any challenge 2 their legitimacy. (1/4) https://t.co/QC8e5yj3ho
The Maricopa County Republican Committee (MCRC) called on the Arizona House to bring impeachment charges against Attorney General Kris Mayes.
In a resolution approved on Tuesday, MCRC accused Mayes of abuse of office and violation of constitutional oaths by prosecuting Cochise County Supervisors Peggy Judd and Tom Crosby. The committee’s resolution likened Mayes’ actions to those that occur under dictatorships or communist rule.
“Kris Mayes is using her prosecutorial powers as the Arizona Attorney General to interfere with the County Board of Supervisors’ responsibility and authority to ensure the Peoples’ right to a secure election that is accurate and free from abuse or manipulation,” stated the resolution. “Kris Mayes’ prosecution of Cochise County Supervisors Peggy Judd and Tom Crosby is an act of political prosecution common in dictatorships or communist countries.”
MCRC EGC Adopts Resolution Calling Upon #AZLeg House to Bring Forward Impeachment Charges Against 'AZ Attorney General' Kris Mayes for Grotesque Abuse of Office & Violation of Her Oath to U.S. & AZ Constitutions.
Last week, Mayes announced felony charges of interference with an election officer and conspiracy against Judd and Crosby. Together, the charges carry a punishment of up to five years’ imprisonment and fines of up to $300,000.
“The repeated attempts to undermine our democracy are unacceptable,” said Mayes. “I took an oath to uphold the rule of law, and my office will continue to enforce Arizona’s elections laws and support our election officials as they carry out the duties and responsibilities of their offices.”
The repeated attempts to undermine our democracy are unacceptable. I took an oath to uphold the rule of law, and my office will continue to enforce Arizona’s elections laws and support our election officials as they carry out the duties and responsibilities of their offices. https://t.co/boKPiNtiUi
In Tuesday’s resolution, MCRC defended Judd and Crosby as having the lawful authority to take the time they needed beyond the certification deadline to canvass the 2022 election. MCRC cited the widespread voting tabulation equipment malfunctions in Maricopa and Pinal counties, as well as the imbalance in the Pinal County canvass report, as justification for Judd and Crosby’s delayed certification.
MCRC accused Mayes of prosecuting Judd and Crosby as a means of intimidating other local elected officials from doing their due diligence to ensure the security and fairness of elections.
The MCRC executive board consists of Craig Berland, Shelby Busch, Tatiana Pena, Lawrence Hudson, Dan Grimm, Jeff Greenspan, Joanie Colson, Joe Neglia, former lawmaker Liz Harris, and Brian Ference.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
