Cochise County supervisors approve $130,000 settlement in LaChance election challenge

The Cochise County Board of Supervisors voted 3-0 to approve a $130,000 settlement in Daniel LaChance et al v. Cochise County, CV2023-000363, during a special meeting in which county counsel described the agreement’s terms and next steps. The settlement, as described to the board, includes a payment of $130,000, a suspension of the contested tax and provisions for putting an election on the November 2025 ballot.

The vote ends active county-level opposition to the case and, according to the county’s counsel, avoids further litigation costs that could be substantially higher. Supervisor Gomez (District 2) said the public may not realize how much litigation could have cost the county. “I think the public doesn't understand that we actually by settling and paying a hundred 30,000, we could have paid much, much more if we continued,” Gomez said.

The agreement and the board’s discussion

Supervisor Crosby (District 1), acting as chair, opened the special meeting and asked county counsel to outline the settlement terms. Mr. Lasota described a recent court hearing in which the court said it would rule first on a motion to intervene and noted that, by the time of that hearing, the parties had signatures from the plaintiffs and settlement appeared imminent. Lasota said the agreement “does encompass the deal points we talked about,” including the $130,000 payment, a suspension of the tax and an election scheduled for November 2025. He also said the agreement contains statements the plaintiff may make that the county is not adopting as facts in the agreement.

Lasota warned that continued litigation could stretch the case into late 2025 and raise costs. He cited an $83,000 bill from an attorney identified in the discussion as Mr. Morgan as an example of the expense of further review work, and he argued that the settlement would stop ongoing attorney fees. “Litigation is very expensive. It is very time consuming,” Lasota said.

Board members asked procedural and mechanical questions. Supervisor Anthony (District 3) inquired whether the board needed to correct an administrative error in the case number; Lasota said the error had been corrected and that final approval of the settlement would fix any outstanding filing issues. The chair said the jail district board — a separate governing body — will also need to consider the agreement, and that the county would process signatures either immediately or through the clerk of the board.

Formal action and next steps

Supervisor Anthony moved to approve the proposed settlement in Daniel LaChance et al v. Cochise County, Cochise County Jail District Board of Supervisors et al, CV2023-000363, now pending in the Superior Court in Cochise County. Supervisor Gomez seconded. The board voted 3-0 in favor.

The supervisors approved the settlement as the Board of Supervisors; the chair said the jail district board would separately convene to consider the same agreement. County counsel said that if the court approves the settlement, he will notify the court and that staff (including the clerk of the board) will obtain signatures and handle ministerial filings.

Votes at a glance

- Motion: “I move we approve the proposed settlement of Daniel LaChance et al versus Cochise County, Cochise County Jail District Board Of Supervisors et al, CV2023-000363, now pending in the Superior Court of State of Arizona, Cochise County.” - Mover: Supervisor Anthony (District 3) - Second: Supervisor Gomez (District 2) - Vote: Crosby — yes; Gomez — yes; Anthony — yes (tally: 3 yes, 0 no) - Outcome: Approved

Why it matters

County counsel and supervisors framed the settlement as a cost-avoidance measure that would resolve an ongoing legal dispute, pause the contested tax measure pending a public vote and prevent continued accrual of legal fees. The county indicated the settlement does not bind statements the plaintiff may make outside the agreement and that the Arizona Attorney General and Secretary of State were not parties to the settlement at the time of the meeting.

What’s next

If the court approves the settlement, county counsel said he will notify the court and staff will finalize signatures and filings. The Cochise County Jail District board must also consider and approve the agreement in a separate meeting, and staff will prepare ballot language and related documentation for the November 2025 election process if needed.