Arizona Supreme Court Rejects Request for Immunity in Ballot Hand Count Dispute
The ongoing debate over hand counting ballots in Arizona took a significant turn as the state’s Supreme Court denied a request for immunity by Mohave County Supervisor Ron Gould. The decision marks the conclusion of a legal battle that has been as much about the process as the politics of vote tabulation.
Gould, seeking to advance a hand count of ballots, saw his push for immunity rebuffed by the Arizona Supreme Court. This decision upheld a previous ruling by the state Court of Appeals, which found that Gould had no standing to seek a preemptive immunity order.
Despite the court’s decision, Gould argues that the legal question remains unresolved. He contends that the issue is whether a county supervisor can pursue a hand count without facing potential legal actions from Attorney General Kris Mayes, who has warned that such actions “may result” in criminal penalties.
“I believe it was because she didn’t arrest me,” Gould stated, expressing frustration over the courts’ reluctance to address his claim to immunity. “So, apparently, she’ll have to arrest me next time,” he added in remarks to Capitol Media Services, suggesting this might be the only path to a definitive legal hearing.
The controversy dates back to the 2024 election cycle when Mohave County supervisors considered implementing a hand count of ballots. Although initially set aside, the proposal was revived by board Chair Travis Lingenfelter, hinting at a potential shift in the board’s stance.
However, this proposal prompted a letter from Mayes warning against the move, citing risks of “various felonies and misdemeanor penalties” should the board proceed. The letter was read at a board meeting, and Gould insists it influenced Lingenfelter’s decision to withdraw support for the hand count.
Gould’s lawsuit sought a judicial ruling that the use of tabulating machines is optional and that supervisors should not be subjected to intimidation for opting for a hand count. Nevertheless, the Court of Appeals determined that Gould lacked the basis to bring the lawsuit, noting that the board had not voted on the hand count.
Judge Michael Kelly, writing for the appellate panel, stated that Mayes’ letter did not equate to a “specific threat of prosecution,” and the absence of a board vote on the hand count rendered Gould’s request for immunity speculative.
Despite this legal setback, Gould remains firm in his belief that Arizona law does not mandate machine counts. While the path forward is unclear, he hints at potential future efforts to challenge the status quo.
“I have a new board,” Gould noted, acknowledging uncertainty about garnering enough support for a hand count while also weighing the risk of legal consequences. Should circumstances align, Gould could seek a legal determination on the permissibility of hand counts and the potential for prosecutorial immunity.
In related news, Arizona fire officials are cautioning about an early and active wildfire season due to ongoing drought and heat conditions, with expectations of increased fire activity moving north by May.
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