UPDATE, 3:45 PM
In a vote of 2-0, Board members English and Judd voted to certify the election results in today's 3:30 p.m. emergency meeting.
Board member Crosby did not speak during the session.
Supervisors English and Judd concluded business by cancelling the originally-scheduled Friday, Dec. 2 special meeting, originally intended to revisit the vote postponed by supervisors on Monday, Nov. 28.
UPDATE, 3:30 PM
Emergency meeting to certify election results:
UPDATE, 2:25 PM
Pima County Judge Casey F. McGinley ruled Thursday afternoon that the three members of the Cochise County Board of Supervisors exceeded their lawful authority under state statute.
McGinley said the board was acting in violation of Arizona Statute 16-642, which states the governing body holding an election must meet and canvass the results no more than 20 days after the election.
"The Board exceeded its lawful authority in delaying the canvass for a reason that is not permitted by the statute," McGinley said. "This duty is non-discretionary."
In the event that the board does not certify within his specified timeline, McGinley suggested the board members find themselves in his court room once more:
"To the extent that parties have requested that this court 'warn' board members or warn individuals about what happens if they don't follow court orders, the court declines to accept that invitation. This court recognizes its authority and is sure the parties recognize this court's authority as well. They will follow the court's orders, and if they don't, we will figure out where we go from there."
The board will convene at 3:30 p.m. to begin its canvass. KGUN 9 will livestream the proceedings.
In response to McGinley's ruling, Secretary of State Hobbs shared:
Today’s court decision was a win for Arizona’s democracy and ensures that all Arizonans will have their votes counted. Cochise County has been ordered to canvass today, and the state certification of the 2022 General Election will proceed as scheduled on Monday.
— Secretary Katie Hobbs (@SecretaryHobbs) December 1, 2022
RELATED COVERAGE: Arizona Inauguration date set as election questions loom
UPDATE, 2:05 PM
After a brief recess, the Judge has ordered the Board to hold its canvass at 3:30 p.m. and have results certified and transmitted to the Secretary of State by 5 p.m. today.
UPDATE, 1:25 PM
The judge has denied Cochise County's motion to continue the case. The county had requested to continue the case to Monday or Tuesday.
The judge also made a ruling that consolidated both cases into one.
ORIGINAL STORY:
The Cochise County Board of Supervisors held an emergency meeting Thursday morning to determine legal representation in its election fight.
In the meeting, held only two hours prior to an afternoon court appearance as defendants in a suit filed by the Secretary of State's office, Supervisors voted 2-to-1 to name Daniel McCauley III of Cave Creek to represent them.
Ann English, again the sole 'no' vote, said she did not believe obtaining a new lawyer two hours prior to a court hearing was fair to voters.
English also was the 'no' vote in the delay to certify earlier in the week, reiterating it was the board's statutory obligation to certify county election results by the legal deadline.
The County Attorney in Cochise is not representing the board, due to the fact that the refusal to certify the election results by the Monday, Nov. 28 deadline was an action outside of the law, according to state statute.
KGUN 9 will have full coverage of the court hearing, including a livestream of proceedings, beginning at 1 p.m.
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Anne Simmons is the digital executive producer for KGUN 9. Anne got her start in television while still a student at the University of Arizona. Before joining KGUN, she managed multiple public access television stations in the Bay Area and has worked as a video producer in the non-profit sector. Share your story ideas and important issues with Anne by emailing anne.simmons@kgun9.com or by connecting on Instagram, Twitter or LinkedIn.