As Arizona is preparing to certify its 2022 midterm elections next week, one county is threatening to disrupt the statewide canvass and wreak havoc on a key House race by refusing to certify their election results on time.
Cochise County skirted a Monday deadline to certify their election results, the second time they delayed certification. All counties had by Monday to certify their results ahead of a Dec. 5 statewide canvass deadline, but Cochise County voted 2-1 to delay certification until Friday.
As our Caroline Vakil writes, that's prompted two parties, including Arizona Secretary of State Katie Hobbs (D), who won her gubernatorial race against Republican Kari Lake, to sue the Cochise County Board of Supervisors. Lawyers for Hobbs said in their lawsuit that the statewide canvass can only be delayed as late as Dec. 8 and are asking for the board of supervisors to be compelled to certify the election by Thursday.
Key quote: "This should be a slam-dunk case," Jared Davidson, an attorney with Protect Democracy, told Caroline.
"The board's duties to certify are paradigmatic examples of a nondiscretionary duty, and the special action procedure is designed specifically to seek relief from government officials to act in a way where statutes give them no discretion whatsoever," he continued. "So I fully expect that lawsuit to be successful because there can really be no serious question that what the board is doing here is an abject failure to abide by their explicit statutory duties."
Why it matters: Certifying the county's elections are important for two reasons: As Hobbs' lawsuit notes, several recounts can't be performed, including in the attorney general's race, until the statewide canvass is completed.
But certifying the results is also important because if the county still refuses to do so, Hobbs' lawyers said in their lawsuit that the top elections official would be required to perform the statewide canvass without Cochise County's votes, which could affect the election results in Arizona's 6th Congressional District.
Republican Juan Ciscomani has already been projected the winner against Kirsten Engel, where Ciscomani received huge support from Cochise County. But it's possible that his win could be reversed without those votes.
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