Tucson, Ariz.

Voters in Kochise County approved a half-cent sales tax for a new prison back in 2023, but, as it stands, the facility hasn’t been constructed yet.

County Sheriff Mark Dunnell shared a letter indicating some recent actions from two newly elected county supervisors related to the prison project. However, one supervisor argued that the board isn’t to blame for the delays.

There’s a general consensus on both sides that the prison system, which has been in place for about 40 years, is outdated and that new facilities are the way to go.

Yet, the disagreement seems to stem from differing approaches to how this should unfold, leading to some tension between the board and the sheriff’s office.

Last week, Dunnell stated in his letter that the Board of Supervisors was taking measures to reassess the prison district but hadn’t involved his office in these discussions.

Frank Antenoli, the Kochise County Supervisor for District 3 and the board’s chairman, responded to Dunnell’s letter, suggesting it might have been intended to stir up some concern among those in the municipality and other communities, pressuring the oversight board.

The core issue appears to be linked to a group of voters who have filed lawsuits claiming over 10,000 county voters were disenfranchised due to the election being held by mail, arguing that many were labeled as “active” voters despite not having cast ballots.

However, Commander Kenny Bradshaw from the Sheriff’s Office noted that special districts, including prison districts, must send ballots only to active voters when elections are conducted by mail.

The Arizona Court of Appeals has ruled that those voters were indeed disenfranchised, and the case will now be taken to the state Supreme Court to determine the validity of the Appeals Court’s decision.

Antenoli reassured that the half-cent sales tax will not be revoked, nor will the prison district be dismantled. He emphasized that the legal question before the court is relatively straightforward.

Bradshaw, on the other hand, expressed concern over the communication gap between the board and his office, raising fears that the board might not defend the lawsuit, potentially leading to the district’s failure and a lack of alternative funding.

Meanwhile, the Attorney General has agreed to file a motion to support the sheriff, recognizing that sheriffs have important constitutional rights concerning prisons.

“Hopefully, this process will progress and pass through the Supreme Court,” Bradshaw commented. “Whatever the decision will be, we will respect the rule of law and make necessary adjustments.”

If the Supreme Court upholds the February 11 ruling by the Court of Appeals, the case will return to the Superior Court for a hearing to determine if the approximate 11,000 disenfranchised voters influenced the election’s outcome.