Cochise County didn't send ballots to some voters. That's disenfranchisement, court rules

Cochise County disenfranchised some voters during a May 2023 election to levy a tax for a jail district, a three-judge panel ruled as it overturned the case’s previous dismissal.

The ruling by the Arizona Court of Appeals panel comes after a Cochise County Superior Court judge dismissed the case arguing the county disenfranchised 11,000 voters on the inactive list by failing to send them ballots. The lawsuit was brought by four Cochise County residents: Daniel LaChance, Henry Stephen Conroy, Yvonne Mayer and Robert McCormick.

Judge David Thorn ruled the plaintiffs failed to state a claim under Arizona’s election contest statutes and dismissed the case. But the appellate court on June 25 ruled the plaintiffs were correct in their assertion that thousands of residents were disenfranchised. The court supported Thorn's dismissal of other claims.

“This appeal … requires us to determine whether voters on a state-mandated 'inactive voter list' were entitled to receive ballots in the district’s all-mail election. We conclude that they were,” wrote Judge Jeffrey Sklar in his opinion. Judges Christopher Staring and Christopher O’Neil concurred.

The panel ruled the group is entitled to move forward with its claim, and said the remaining issue of whether the disenfranchised votes were sufficient to change the outcome of the election is for the Superior Court to determine.

The court also supported the dismissal of other claims made by the plaintiffs. Those include claims that the jail district tax required 60% of the votes and that the Cochise County attorney lacked the power to defend the case.

Court rules voters on inactive list are eligible

The lawsuit centered on the county’s May special election for the creation of a tax district to help fund a new jail with a half-cent tax for 25 years. It passed with 52% of the vote. The plaintiffs contended that the disenfranchised voters would have voted against the tax.

The county argued the issue should have been brought before the election, not after. But the court contended voter disenfranchisement is not a pre-election procedure, and the plaintiffs had no “practical way to know that inactive voters would be prevented from voting until after the election had begun,” Sklar wrote.

The county also argued that state law limits the term registered electors to active registered voters.

The ruling emphasized state law stipulates in all-mail, special district elections, the county recorder must mail a ballot “to each qualified elector entitled to vote in the election.”

Voters are considered qualified electors until their registration is canceled, which can happen if they are on the inactive voter list for four years or “through the date of the second general election for federal office following the date of the notice.” After that time, their voter registration will be canceled.

The court contended inactive voters on the list continue to be qualified electors.

County wants to take case to Arizona Supreme Court

The Cochise County Board of Supervisors on Tuesday voted to hire outside legal counsel and bring the case to the Arizona Supreme Court.

Officials said the county is in the final stages of obtaining an attorney, who will proceed to file the necessary motion.

Reach the reporter at sarah.lapidus@gannett.com . The Republic’s coverage of southern Arizona is funded, in part, with a grant from Report for America. Support Arizona news coverage with a tax-deductible donation at supportjournalism.azcentral.com.

This article originally appeared on Arizona Republic: Cochise County didn't send ballots to some voters. That's disenfranchisement, court rules