A Pima County judge ruled that Cochise County supervisors who delayed certification for the November midterm elections had to pay more than $36,000 in legal fees.
Last year, Republican county superintendents Tom Crosby and Peggy Judd initially declined authentication It creates a canvas of countywide election results, jeopardizes state certification processes, and jeopardizes thousands of votes.To defend their refusal, the two cited false allegations The county’s electronic tabulator is not properly certified. Then-Secretary of State Katie Hobbs took them to court, the judge ordered them to perform the duties required by law Did they finally prove their results?
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Both the Secretary of State and the Arizona Retirees Alliance, which joined the lawsuit against Crosby and Judd, then demanded reimbursement of attorneys’ fees and court costs. Late Wednesday, Pima County Superior Court Judge Casey McGinley Approved part of the requestSecretary of State Adrian Fontes was awarded $13,143 despite a petition of more than $17,000. The Alliance originally applied for more than $34,000, but won just over $23,000.
McGinley rejected Crosby and Judd’s argument that election litigation should not be covered by reimbursement of attorneys’ fees and that taxpayers should bear most of the costs, calling their arguments “unhelpful.” rice field.
“The statute expressly requires courts to impose reasonable attorneys’ fees on the prevailing party,” writes McGinley.
However, Cochise County is one of the defendants in the lawsuit, so it remains unclear whether it will be required to help pay.
McGinley said supervisor Ann English, the only Democrat to vote against deferring certification, should not be included.
“Such costs and fees cannot be assessed against Defendant English because Defendant English did not oppose the relief sought by (the Arizona Secretary of State and the Arizona Alliance for Retired Americans),” he said. wrote.
Alliance executive director Dora Vazquez congratulated the decision in an emailed statement, saying it was a warning against future misconduct by state officials.
“We are pleased with the court’s decision to demand that the members of the Cochise County Board of Supervisors who tried to ignore the law reimburse the Arizona Alliance for their attorneys’ fees and expenses,” she said. The decision must inform elected officials that anyone who ignores the law, interferes in elections or attempts to suppress votes will be held accountable.”
A spokesperson for the secretary of state declined to comment, noting that the lawsuit was ongoing.
Judd also said he could not speak to the pending lawsuit, but expressed frustration with the process.
“Again, another lawsuit against us, another decision against us,” she said. “We’re just swimming in the courtroom of this opinion. That’s all I can say.”
In an email, Crosby repeatedly questioned the validity of the vote count from the county tally machine and implied that he had in fact fulfilled his legally mandated responsibilities.
“(Canvas) means checking and inspecting the results,” Crosby wrote. “I already had one, but I believed that the labs that certify voting machines were not accredited.”
State law requires county supervisors to conduct surveys or tallies and report county election results to the Secretary of State.Certification is delayed only if the supervisor believes part of it is missingCrosby did not attend the board meeting where the results were finally certified.
