In a dispute with Arizona Attorney General Kris Mayes on election processes, a supervisor from Mohave County is appealing a court decision.
Ron Gould claims that Mayes wants supervisors to have the ability to require complete hand counts of votes, which is why he threatens his authority to certify elections. Last year, a trial judge threw out his case, stating that Gould had not shown any impending fear of punishment.
Gould is currently requesting that the state Court of Appeals reopen his case so that he can provide proof. Alexander Samuels, the assistant attorney general, disagrees, referring to Gould's assertions as "speculative" because he hasn't provided specific plans to break election law.
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"The board has no statutory authority to authorize a hand count," Samuels said. He added that supervisors must follow existing law requiring electronic tabulation machines "unless and until the legislature determines otherwise."
When the Mohave County board debated a hand count for the 2024 elections in 2023, the conflict started. After Mayes cautioned in a letter that improper hand counts may lead to felony and misdemeanor charges, the board finally voted 3-2 against the measure. Despite being outvoted, Gould favored the hand count.
Although it involves steps like pre-election machine testing and random manual count audits of specific precincts, Arizona law currently mandates electronic ballot tabulation. Samuels argues that supervisors must abide by current laws and lack the legal authority to request complete hand counts.
Other counties might be able to disregard electronic tabulation standards without worrying about facing legal repercussions if Gould is successful.
The decision may have an impact on statewide election procedures, and the appellate court has not scheduled a hearing date.