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Secretary of State files lawsuit against Cochise County for refusing to certify election

Cochise County Board of Supervisors votes to delay election certification
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Posted at 8:15 PM, Nov 28, 2022
and last updated 2022-11-28 22:15:34-05

BISBEE, Ariz. (KGUN) — The Secretary of State's Office filed a lawsuit Monday against Cochise County for not certifying their election results before the deadline.

Monday morning, the Cochise County Board of Supervisors voted 2 to 1 to delay certification until Friday.

State Law requires counties to certify election results 20 days after the election, but Cochise County failed to meet the deadline.

In the lawsuit, the Secretary of States office claims "Specifically, the Board has, without justification, failed to fulfill its mandatory duty to meet and approve its canvass of the results of the 2022 General Election by the statutory deadline of Nov. 28, 2022."

The Secretary of State's office said the board wasn't justified in its decision not to certify the election results.

"Thus, the Board's inaction not only violates the plain language of the statute but also undermines a basic tenet of free and fair elections in this state: ensuring that every Arizonan's voice is heard," the complaint claims.

The Secretary of State's office said the board's failure to meet the deadline will impede the timely and accurate canvass of election results and create more confusion with Arizona's election system.

"The Board's unprecedented inaction should not disenfranchise tens of thousands of voters in Cochise County. The Secretary thus brings this action for special action relief... to ensure that those voters' voices are heard and their votes counted."

The Cochise County Board of Supervisors voted to delay certification until Dec. 2, 2022. The Secretary of State is required to complete the statewide canvass by Dec. 8, 2022, at the very latest.