'Unqualified handover': Arizona AG sues Republican county for giving GOP recorder election power

08 March 2023

Arizona's majority Republican Cochise County is being sued by Attorney General Kris Mayes, a Democrat, for its decision to give its GOP county recorder control over future elections, The New York Times reports.

Per Phoenix's KJZZ radio, county recorder David W. Stevens is "a friend and ally of losing secretary of state candidate and election denier, Mark Finchem."

Cochise County Board of Supervisors' two GOP leaders voted for Stevens, while the board's single Democratic member opposed the move, according to The NYT.

The NYT reports:

The county’s nonpartisan elections director, Lisa Marra, announced in January that she would resign, citing threats against her after she refused to comply with rogue election directives from the Republicans who control county government, including plans to count ballots by hand after last year’s midterm elections.

Mayes, according to KJZZ, characterizes the county's decision as an "unqualified handover."

He wrote in his complaint, "The agreement's broad terms effect [sic] a nearly wholesale transfer of power over elections from the board to the recorder, with no regard for specific statutory mandates, and no clear limiting principle for the extent and exercise of that power."

Instead of hiring an individual to replace Marra, the board chose to insert Stevens into the role.

The NYT reports:

At an emergency meeting on Wednesday, the supervisors voted 2-to-1 to hire outside counsel in the case, retaining Timothy La Sota, a prominent Arizona lawyer who has represented major election deniers in recent lawsuits. His clients have included Kari Lake, who lost last year's governor's race, and Abraham Hamadeh, an unsuccessful G.O.P. candidate for attorney general.

One of the board members who voted for Stevens, Tom Crosby — who serves as election supervisor — is currently under fire for "delayed certification of November 2022 election results." Cochise County voters petitioned to have the former U.S. border patrol agent removed last month.

KJZZ reports:

Mayes additionally raised concerns about the public's right to know 'how and when their government is making consequential decisions that affect their right to vote.' She argued that the agreement makes no mention of how Stevens will handle deliberations over election procedures that, when made by the board, would take place in open meetings.

"I am deeply concerned this move might shield or obscure actions and deliberations the Board would typically conduct publicly under open meeting law," Mayes said.

The New York Times' report is available at this link (subscription required). KJZZ's report is here.

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