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Lawsuit filed against Cochise County jail tax vote

Kochise County Voters Consider Tax Increase for New Prison

In Kochise County, Arizona, upcoming votes will include the familiar question of whether to support a half-cent sales tax increase aimed at funding a new prison construction.

This will be the second time residents encounter this measure, as the Court of Appeals previously invalidated the 2023 election results. The court found that inactive voters did not receive a vote on this type of tax proposal, which is required by state law.

According to Sheriff Mark Dunnell, the current jail has been declining rapidly, being nearly 40 years old. He noted, “Even if it’s in that prison, it’s going to collapse. It’s like a car that lasts a long time but eventually breaks down.”

The proposed sales tax increase would create special funds for constructing new prison facilities to replace the outdated building, which county officials argue is too expensive to maintain.

“As sheriffs, we want to do the right thing for our citizens. But it’s also about managing the jail effectively,” he mentioned, adding that maintaining the current facility has become unreasonable.

Dan LaChance, who initially filed the lawsuit leading to the overturn of the 2023 election, reached a settlement with the county in March 2025. He maintains that other funding sources for prison projects exist.

LaChance stated, “I’ve served 34 years in the Army. I support constitutional defense and am against unconstitutional government actions. The county appears to be using laws in a way that undermines civil rights. Why not consider alternatives like raising taxes by 10% annually over five years?” He pointed out that there are already about $40 million available for the project, emphasizing his opposition to what he views as an unconstitutional initiative.

New legal challenges are also affecting the upcoming elections. Residents Stephen Dickinson and Edwin Gruber have filed a lawsuit asserting that there should be an opportunity for public petitioning before tax measures appear on the ballot.

“I’m not against prisons per se; my concern is strictly about adherence to constitutional law,” Dickinson remarked.

He’s seeking an injunction to halt the election lawsuits, saying, “Right now, we seem to have exhausted our options. We need to pursue an injunction to prevent this election from taking place. I worry about potential harm to voters.” He expressed frustration with the opposition based on constitutional grounds.

Dickinson hopes for a judicial decision regarding his injunction petition this week.

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