In a contentious legal battle, Mohave County Supervisor Ron Gould is pushing to curtail the legal power of Arizona Attorney General Kris Mayes over election procedures. Gould’s concerns arise from a dispute on whether full hand counts of ballots should be authorized, a move he’s advocated for as part of election certification duties.
Earlier efforts to argue this position were thwarted when a trial judge dismissed his lawsuit, citing the absence of an immediate threat of prosecution. Gould is now appealing to the state Court of Appeals, seeking affirmation of his right to pursue the case and request that Judge Bradley Astrowsky permit him to present his case.
Opposing Gould, Assistant Attorney General Alexander Samuels has countered that Gould’s claims lack substance as they are “speculative” without any concrete plan to violate the existing laws mandating electronic ballot tabulation. Gould’s argument does not challenge this law but seeks assurance against prosecution for non-compliance.
“The board has no statutory authority to authorize a hand count,” Samuels emphasized, reinforcing that supervisors must adhere to current laws until legislative changes occur.
The decision from this legal confrontation could set a precedent with widespread implications across the state. Earlier, the Arizona Court of Appeal had already clarified that counties cannot legally mandate hand counts for all ballots, a decision rooted in a 2022 dispute involving Cochise County’s attempt to conduct such an audit.
Concerns over the precision of machine counts have been echoed by officials in various counties. A victory for Gould might embolden other counties to bypass electronic tabulation requirements without fear of legal repercussions.
This ongoing debate in Mohave County originated in 2023 when the board initially considered a hand count for the upcoming 2024 elections. Although the motion was defeated by a narrow 3-2 vote, discussions were reignited when board Chair Travis Lingenfelter reintroduced the topic, allowing Senate Majority Leader Sonny Borrelli to advocate the legality of hand counts.
Attorney General Mayes cautioned against this path, highlighting potential legal penalties. She stated, “We hope you will choose not to violate the law and thus that it will not be necessary to consider whether criminal prosecution is warranted for conducting an illegal hand count.”
The board ultimately retracted the proposal, a decision Gould attributes to Mayes’ warnings. Gould’s attorney, Dennis Wilenchik, argues that such actions by the attorney general compromise the immunity typically afforded to lawmakers, which is essential for them to perform their duties without the threat of legal action.
Wilenchik insists that Gould requires a court directive to prevent prosecution should he advocate for a future hand count. He underscores that Mayes’ letter, addressed to Gould, constitutes a “real threat” of prosecution under election laws.
However, even if the appellate court remands the case, Gould faces legal hurdles. The trial judge has previously noted that judicial intervention in executive actions that have not yet occurred would breach the separation of powers principle.
Meanwhile, the debate over electronic tabulation reliability persists. Although Arizona courts have dismissed lawsuits challenging machine accuracy in the 2022 elections, Gould maintains his stance, driven by constituents’ dwindling trust in the electoral process.
As the state awaits the appellate court’s decision, no date for hearing has been set.
For further context on the Mohave County Board of Supervisors’ recent decisions, view the full report here.
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