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).
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
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.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
Nobody likes a bully, and yet some people relish playing such a role. Here in Arizona, perhaps no person has taken on that persona quite like Kris Mayes. When she began her political career with the Arizona Corporation Commission, Mayes quickly gained a reputation for bullying other people around, but since becoming Arizona’s Attorney General (AG) in January 2023, she has taken it to a whole other level.
Within months of occupying the AG office, Mayes began using her post to target and investigate the very people and entities she is constitutionally obligated to defend. First in her crosshairs was the Arizona Department of Water Resources (ADWR), a state agency she is legally obligated to represent and provide legal advice to. But because she wants to score political points with her radical environmental allies, she decided to threaten legal action against ADWR unless they provide her with documentation showing that the agency is in compliance with its water management responsibilities.
Mayes then turned around a few weeks later and went after the Empowerment Scholarship Account (ESA) program at the Department of Education. In a public tirade, she falsely claimed that the budget agreement that protected universal school choice would bankrupt the state, despite the expenditure data showing that the ESA program actually saves the state money. When that didn’t stop the Republican budget bill from being signed by Governor Hobbs, Mayes doubled down on her ESA assault by threatening legal action against her own client, the Arizona Department of Education, over the program.
And now that she has had more time to get comfortable in office, Mayes is discovering new and creative ways to abuse her power, including collusion and the usage of dirty tactics to target political opponents…
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.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
