AI- 7266
.
Special / Executive Session Board of Supervisors Mtg-9:00 am
- Meeting Date:
- 07/27/2023
- Title:
- Discussion of the LaChance, et. al. v. County of Cochise, et. al. Election Contest Lawsuit
- Submitted By:
- Susana Stark, County Attorney
- Department:
- County Attorney
Presentation:
No A/V Presentation
Recommendation:
Document Signatures:
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
NAME
of PRESENTER:
of PRESENTER:
Paul Correa
TITLE
of PRESENTER:
of PRESENTER:
Civil Deputy County Attorney
Mandated Function?:
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Information
Agenda Item Text:
Discussion and possible direction regarding the ongoing litigation and options regarding LaChance, et al. v. County of Cochise, et al., CV202300363, election contest litigation re: the May 16, 2023 Jail District Election.
Pursuant to A.R.S. § 38-431.03 (A)(3) and (4), the Board may go into executive session for legal advice with the attorney of the public body and to consider its position and instruct attorneys regarding the public body’s position in pending litigation.
Pursuant to A.R.S. § 38-431.03 (A)(3) and (4), the Board may go into executive session for legal advice with the attorney of the public body and to consider its position and instruct attorneys regarding the public body’s position in pending litigation.
Background:
On Monday, June 12, 2023, an election contest complaint was filed under A.R.S. §§ 16-1671, et seq. regarding the May 16, 2023, Jail District Election, by Contestors Dan LaChance, Henry Stephen Conroy, Yvonne Mayer, and Robert McCormick (collectively, “Contestors”), LaChance, et al. v. County of Cochise, et al., CV202300363. Contestors are represented by attorney Charles R. Johnson from Scottsdale. The Board was served with the Complaint of Tuesday, June 13, 2023. The case is assigned to the Honorable David Thorne in Division III.
On June 19, 2023, the County filed a Motion to Dismiss (“MTD”).
On July 6, 2023, Judge Dickerson denied Contestors’ notice to recuse every Cochise County judge and the case remained with Judge Thorn. Judge Thorn set a briefing schedule for the MTD, with Contestors’ response due on August 4, 2023, and the County’s reply due on September 1, 2023.
At this time, the County Attorney’s office would like to discuss the election contest lawsuit, current procedural posture, and legal strategy with the Board, as well as solicit guidance and direction from the Board.
On June 19, 2023, the County filed a Motion to Dismiss (“MTD”).
On July 6, 2023, Judge Dickerson denied Contestors’ notice to recuse every Cochise County judge and the case remained with Judge Thorn. Judge Thorn set a briefing schedule for the MTD, with Contestors’ response due on August 4, 2023, and the County’s reply due on September 1, 2023.
At this time, the County Attorney’s office would like to discuss the election contest lawsuit, current procedural posture, and legal strategy with the Board, as well as solicit guidance and direction from the Board.
Department's Next Steps (if approved):
Implement any direction provided by Board of Supervisors.
Impact of NOT Approving/Alternatives:
N/A
To BOS Staff: Document Disposition/Follow-Up:
N/A