Cochise County Pushes Court Of Appeals To Address Hand Count Audit Authority

Cochise County Pushes Court Of Appeals To Address Hand Count Audit Authority

By Terri Jo Neff |

As the Arizona Legislature considers a bill clarifying the right of a county to tabulate ballots by hand, the Arizona Court of Appeals has been asked to decide how many ballots can be audited by hand if a county uses a machine tabulator.

The question before the appellate court is whether Arizona’s 15 counties are restricted to performing a hand count audit of only a very small percent of machine tabulated ballots, or if a county’s Board of Supervisors (BOS) have authority to demand a higher audit percent—even 100 percent—of those ballots to check the accuracy of the electronic tabulation.

The issue dates back to October 2022 when the Cochise County BOS approved a Resolution to have County Recorder David Stevens conduct a  hand count audit of all ballots cast in-person on election day at the county’s 17 voting centers. The Resolution was challenged in court by the Arizona Alliance of Retired Americans (AARA).

Cochise County came out on the losing end of the case, which cost taxpayers nearly $90,000 in attorney’s fees to AARA. Now, the matter is in front of the Court of Appeals, with the county seeking to be vindicated for its hand count audit plan.

AARA filed its answering brief to the appeal last week. It asks for the county’s appeal to be dismissed as moot.

“Not only is the 2022 election over, but the mandatory audits prescribed by law have been conducted, and the election results were canvassed and certified,” AARA’s brief argues.

But if the Court of Appeals decides to weigh in on the question of whether Cochise County had authority to order a full hand count audit – of the early ballots, election day ballots, or both – then AARA argues the answer is no.

“Appellants are only legally authorized to conduct hand count audits in accordance with these statutorily prescribed procedures and cannot require a hand count audit of all ballots,” the brief argues. “Hand count audits must start with small, random samples for a limited number of races, and expand only on an individual race basis and only if hand counts repeatedly differ from electronic tabulations by more than a designated margin for error.”

AARA’s brief ignores the policy issue of whether an expanded hand count audit process would be better than the current law it claims is controlling.

Cochise County has until April 17 to file a reply brief with the Court of Appeals. There is no deadline for when a ruling must be issued.

The supervisors in favor of the expanded audit were Tom Crosby and Peggy Judd, who took the position that “many voters” lacked confidence in the voting system. A 100 percent audit of in-person election day ballots was justified, they argued, to “enhance voter confidence.”

The Resolution passed on a 2 to 1 vote on Oct. 24, 2022. AARA and one of its local members sued the county the next week, seeking a court order enjoining, or barring, anyone from complying with the Resolution.

Judge Casey McGinley was brought in from Pima County Superior Court by  Cochise County’s presiding judge to hear the case. McGinley ruled one day before Election Day that the county and Stevens could not engage in the expanded hand count audit.

McGinley went one step further, ruling that there could also be no full audit of early ballots.   

According to McGinley, ARS 16-602(B) requires the audit of ballots casts at voting centers on election day to be “randomly selected.” Selecting 100 percent of those ballots from the start would render the statutory language and the mechanism for a limited expansion of the hand count audit superfluous, he noted.

McGinley further ruled that ARS 16-602(F) establishes 5,000 as the maximum number of early ballots which may be initially part of a hand count audit, despite contradictory language included in the EPM which states counties “may elect to audit a higher number of ballots at their discretion.”

In its appeal, the Cochise County defendants contend hand count audits based on a random sampling of ballots was intended to prevent election officials from auditing races for improper purposes. There would be no concern with how certain races were selected if 100 percent were audited, they contend.

If the Cochise County BOS loses on appeal, attorneys for AARA have asked for a new order requiring the county to pay the group’s court costs and attorney’s fees in connection with the appeal.

Cochise County taxpayers are also on the hook for the fees paid to the attorney for the supervisors and Stevens, including during the appeal.

Terri Jo Neff is a reporter for AZ Free News. Follow her latest on Twitter, or send her news tips here.

More Bureaucracy Keeps Water Desperate Rio Verde Foothills Residents In Limbo

More Bureaucracy Keeps Water Desperate Rio Verde Foothills Residents In Limbo

By Terri Jo Neff |

More than 700 residents, many of whom are children, have been waiting for months for government officials to find a reliable and affordable water source for Rio Verde Foothills after the City of Scottsdale shut off the taps which had supplied water to the residents for years.

But with city and Maricopa County players failing to come to a quick rescue, the Arizona Corporation Commission (ACC) is now slated to try its hand at resolving the problem, adding yet another layer of bureaucracy that worries residents as temperatures continue to increase.

The problem dates back to Jan. 1 when Scottsdale announced its water would no longer be sold to private companies that haul water to the unincorporated Rio Verde Foothills community located north of the city. The homes are part of a wildcat development.

Scottsdale’s public explanation for ending the longtime arrangement was that it was necessary for the city’s drought management response. A variety of proposed solutions have been put forth since then, one being to leave it up to individual residents to arrange their own water purchases.

The majority of the other solutions have involved Maricopa County in some capacity. And therein lies the problem, according to many property owners and residents who believe the county board has not taken the public health situation seriously enough.

An early solution introduced in the Arizona Legislature on an emergency basis would have permitted Maricopa County to enter into an Intergovernmental Agreement (IGA) with Scottsdale to allow water from the city to once again be used by Rio Verde Foothills residents for payment.

County supervisors rejected the IGA plan, causing the legislation to be put on the back burner while long-term political interests took priority over getting residents immediate help.

What the county supervisors proposed was to wash their hands of the problem by having Scottsdale city officials work out a deal with Canada-based EPCOR, a private utility company whose U.S. headquarters is located in Phoenix.

The Maricopa County supervisors issued a resolution to that effect in early March.

Supervisor Tom Galvin, whose District 2 encompasses Rio Verde Foothills and Scottsdale, was vocal about keeping a hands-off approach while leaving desperate residents at the mercy of a major conglomerate.

Some homeowners are also encountering problems trying to sell their property due to the lack of water service.

And with the highly bureaucratic ACC now involved, residents can only wait and see what happens. Some state lawmakers, including Rep. Alex Kolodin and Sen. John Kavanagh, continue to look into legislative options.

In the meantime, Galvin and the other county supervisors have not put forth any alternatives in the event an EPCOR solution is rejected.

Terri Jo Neff is a reporter for AZ Free News. Follow her latest on Twitter, or send her news tips here.

African-Mined Cobalt Shipped To Mexico Will Be Processed In Yuma

African-Mined Cobalt Shipped To Mexico Will Be Processed In Yuma

By Terri Jo Neff |

An Arizona company has announced plans to ship African-mined cobalt to Mexico, then truck it north to be processed at a new, state-of-the-art facility in Yuma County so it can be sold to companies that make batteries for Electric Vehicles (EVs).

EVelution Energy is expected to start construction of its Yuma cobalt processing facility next year, with a goal of being operational no later than early 2026.  It forecasts more than 1,000 construction phase jobs, along with 60 direct and 300 indirect jobs once the facility is fully functional.  

Cobalt is a rare, ferromagnetic metal primarily used in lithium-ion batteries and in the manufacture of magnetic, high-strength alloys. Dating back to 3000 BC, cobalt was mostly used for its blue coloring in the making of ceramics and glass.

Other uses were limited due to the fact arsenic fumes are a by-product of smelting. But new processing methods in the last few decades changed all of that.

In March, the Yuma County Board of Supervisors unanimously approved a special-use permit allowing EVelution to move forward with construction on 139 acres just east of the City of Yuma and south of the Kofa National Wildlife Refuge.

The property, which spans Union Pacific Railroad tracks and U.S. Interstate 8, is located within one of Arizona’s Qualified Opportunity Zones which provide a wide range of tax incentives for private, long-term investments in economically distressed communities.

There are also various federal economic development incentives currently available for EVelution Energy’s project, such as the Inflation Reduction Act and the Infrastructure Investment and Jobs Act.

According to the U.S. Geological Survey, nearly two-thirds of all mined cobalt (150,000 tonnes in 2019) comes from the Democratic Republic of the Congo (100,000 tonnes in 2019). The USGS also estimates there is about 4 million tonnes of cobalt reserves on the African continent, and another 3 million tonnes globally.

EVelution plans to transport cobalt hydroxide feedstock sourced from the Democratic Republic of the Congo to a port in Ensenada, Mexico, a roughly four hour trip by truck to the Yuma processing facility. And the company knows there is domestic market for its product.

Currently, more than 70 percent of the world’s battery grade cobalt is processed in China. That puts U.S.-based Electric Vehicle manufacturers overly reliant on imports.

The Yuma cobalt facility’s expected annual 7,000 tonnes capacity could meet 40 percent of the expected demand for U.S.-produced EVs in 2027.

The forecasted $55 million economic benefit from EVelution Energy’s project is very much needed, particularly in southwestern Arizona. However, two environmental concerns will be closely monitored even though Yuma County approved the company’s special use permit.  

First is the sourcing and disposal of water. EVelution expects to use 74 million gallons of water per month. The water will be sourced from aquifers running under the property, likely via wells which will run more than 1,000 feet deep.

“Our water usage is therefore not expected to impact the surrounding area’s water table/groundwater,” the company says, adding that a water treatment plant will allow for about 70 percent of its used water to be recycled.

The second concern is the disposal of “tailings,” which are the unused materials which remain after processing. EVelution intends to minimize risks of potential contamination to its or surrounding land by foregoing on-site tailing ponds.

“Tailings will be collected, transported and safely disposed of at a licensed local landfill located less than 20 miles away,” the company says. 

EVelution Energy is also focused on transitioning to a net zero carbon future. Getting there will mean building a 38.4 MW (peak) solar power array to power the processing plant. The company expects to use excess power from the day to recharge its battery storage.

There is also the possibility some of the excess electricity can be sold to a local power utility to service nearby agricultural companies.

“Solar power will heat the water and process solutions for hydrometallurgical cobalt processing,” according to the company’s website. ‘This heated solution will be stored at temperature in large storage tanks overnight. Using solar power rather than propane or natural gas will further reduce our carbon-footprint.”

As with most mining operations in Africa, there are concerns with the health impacts to workers and with the use of child labor. EVelution’s website shows the company is aware of those issues. 

“We are committed to sourcing cobalt in a socially responsible manner, preventing child labor and to promoting respect for human rights of people employed in or affected by our cobalt supply chain,” the website states. “We plan to source our cobalt only from companies that comply with the guidelines of the Responsible Cobalt Initiative.”

EVelution’s proximity to California could lead to further revenue streams, given that state’s early acceptance of EVs.

With EV batteries being quite heavy, and thus expensive to transport, the company is “well positioned to potentially recycle EV batteries from electric vehicles that reach the end of their product lifespan,” its website notes. “The oldest electric vehicles are predominantly located in California and therefore their batteries will be in need of recycling the soonest.”

Terri Jo Neff is a reporter for AZ Free News. Follow her latest on Twitter, or send her news tips here.

State Not Resting On Its #1 Ranking In Foreign Direct Investment For 2022

State Not Resting On Its #1 Ranking In Foreign Direct Investment For 2022

By Terri Jo Neff |

In a move intended to further increase the state’s global competitiveness, two new Arizona Trade Offices are being opened, both in Asian countries.

The Arizona Commerce Authority currently has trade and investment offices in Tel Aviv, Israel and  Frankfurt, Germany, as well as three in Mexico (Chihuahua, Guanajuato, and Mexico City). The new offices will be located in Taipei, Taiwan and Seoul, South Korea, and will serve as a platform to further accelerate economic collaboration.

The recent announcement of the new endeavors was made in conjunction with Gov. Katie Hobbs’ International State of the State address, which highlighted the fact Arizona ranked first in the nation in 2022 in the amount of foreign direct investment (FDI).

According to FDI Markets, Arizona attracted expansion projects in 2022 from 35 international companies last year, representing $31.954 billion in investment. It was the second time in three years that Arizona led the nation for FDI, demonstrating the state’s leading attractiveness for investment from global technology companies.

According to the Arizona Commerce Authority, the state’s FDI total for 2022 was led a $28 billion project announced by Taiwan Semiconductor Manufacturing Company, which brought the total of the company’s years-long commitment to construct and operate two facilities in north Phoenix to $40 billion.

Other significant FDI in Arizona last year included Canada-based XNRGY Climate Systems, Taiwan-based Chang Chun Group and Sunlit Chemical, and Switzerland-based Nestle.

Hobbs’ announcement was timed to feature the decision by South Korea-based LG Energy Solution of a four-fold increase to their planned Arizona investment. The company initially planned to invest $1.4 billion—which was included in the 2022 FDI report—before announcing in March its plan to up that to $5.5 billion.

LG Energy is a leading global battery manufacturer and renewable energy company. Its investment decision will support construction of two battery manufacturing facilities in Queen Creek, which industry observers say is the largest single project to date for a stand-alone battery manufacturing facility in North America.

Construction is set to begin this year, with production for cylindrical batteries for EVs (27GWh) and LFP pouch-type batteries for ESS (16GWh) beginning in 2025.

The Arizona Commerce Authority is the state’s leading economic development organization with a streamlined mission to grow and strengthen Arizona’s economy. Its International Trade Program offers Arizona-based companies export services to amplify their trade opportunities in international markets. Services include assistance and trade counseling, getting started, contact facilitation, company background, export leads, educational programs, and more.

The program further provides global exposure to Arizona’s small- and medium-sized companies through coordinated trade missions in various foreign countries.  Such relationships lend long-term growth opportunities in global markets and prove critical for companies looking to import or export goods. 

International projects in the Arizona Commerce Authority’s project pipeline have seen a 52 percent increase over the last quarter, reflecting a strategic effort to target the expansion of manufacturing and technology sectors. Such sectors traditionally offer higher than average wages for Arizonans.

Terri Jo Neff is a reporter for AZ Free News. Follow her latest on Twitter, or send her news tips here.

Dangerous USBP Staffing Levels Revealed After Agent Attacked While Making Arrest

Dangerous USBP Staffing Levels Revealed After Agent Attacked While Making Arrest

By Terri Jo Neff |

A top U.S. Border Patrol union representative says the situation along the southwest border “is spinning out of control everywhere,” with the number of illegal border crossings showing no sign of falloff while agency staffing in the field is at dangerously low rates.

“It’s just overwhelming right now,” USBP agent Art Del Cueto told KFYI’s James T. Harris earlier this week. Del Cueto serves as vice president of the National Border Patrol Council (NBPC) and president of NBPC Local 2544 in Tucson.

The staffing problem had become so bad that NBPC publicized the situation earlier this week, reporting only two agents were covering a 50-mile section of border. There would typically have been 15 to 20 agents assigned to the area, according to NBPC.

USBP agents have long complained about being dangerously outmanned in the field. Several agents have been injured just in the Cochise County area over the last year, including an agent assigned to USBP Tucson Sector who was hospitalized March 4 after being attacked as she arrested an undocumented migrant.

The migrant was eventually subdued and taken into custody when other agents arrived on scene.

“Our agents face extreme risks in the field, and those who bring them harm will be brought to justice,” USBP Tucson Sector Chief John Modlin said a few days later.  Even USBP Chief Raul Ortiz was forced to weigh in on the situation after the agent’s early morning attack made national headlines.

The March 4 attack drew an immediate reaction from Cochise County Sheriff Mark Dannels, who promised to have the attacker charged in state court if federal prosecutors dropped the ball.

But while USBP command staffers used the attacked agent’s recovery to deflect from the dangerous situation, Del Cueto contends the ongoing practice of pulling field agents from patrol duties to be used instead to process large groups of border crossers in another area demonstrates the lack of sufficient staffing.

Different areas along the nearly 2,000 mile border between the U.S. and Mexico have different challenges, Del Cueto told Harris. For instance, the USBP Tucson Sector is responsible for a mostly remote and rural terrain.

As a result, the area leads the U.S. with a disturbingly high number of “gotaways,” the name given to undocumented border crossers who evade apprehension and do not turn themselves in for immigration processing.

According to Del Cueto, the cartels know of USBP’s staffing challenges. As a result, they realize getting agents to chase down crossers in certain remote areas provides a distraction which allows drugs or higher paying crossers to be moved through other areas.

Staffing issues are forcing agents in the field to wait longer for transport vehicles to arrive, while at other times they must do the processing and transporting themselves. This removes boots on the ground, and “that’s when you start seeing a lot of other groups come through,” he explained.

Del Cueto calls it a “cop out” when people complain USBP and its parent agency Customs and Border Protection are not asking U.S. Department of Homeland Security to spend more money for technology along the border.

“Technology is fantastic, it helps us see where the groups are but at the end you need the boots on the ground to actually make the arrests,” he told Harris.

The cartels are very organized and “are not dumb,” Del Cueto said, adding that they will continue to do things “as long as they kept seeing this Administration not have any true consequences for these people committing crimes.”

“The agents that are still here in Tucson, they have their hands full,” Del Cueto said. “Their backup is far away. They are having a really hard time.”

Terri Jo Neff is a reporter for AZ Free News. Follow her latest on Twitter, or send her news tips here.