Cochise County supervisors direct attorney to withdraw petition in LaChance case

On Feb. 7, 2025, the Cochise County Board of Supervisors voted to direct the county's attorney to withdraw the county's petition for review that is pending before the Arizona Supreme Court in Daniel LaChance et al v. Cochise County et al, CV-24-0150-PR.

The board convened a special meeting in the Board of Supervisors executive conference room and moved into executive session under Arizona Revised Statutes governing attorney-client legal advice (ARS 38-431.03(A)(3) and (4)), citing the pending litigation. After the closed session, a supervisor moved to direct the county's attorney to withdraw the petition; the motion passed on a recorded vote of three ayes and no nos.

The action followed public remarks by supervisors in which at least two members said they saw legal merit in plaintiff Daniel LaChance's challenge. "We see merit in Mr. LaChance's suit," one supervisor said during the open discussion after the executive session. Another supervisor said the appeals court appears to be "on LaChance's side," and noted concerns raised in the discussion about a 25-year tax, the use of a mail ballot, and whether some voters were disenfranchised. That supervisor also referenced an estimate of "10 to 11,000 people disenfranchised." These concerns were cited by board members as informing their decision to withdraw the county's petition for review.

The board first voted to enter the executive session after a motion citing ARS 38-431.03(A)(3) and (4) and identifying the matter as the county's petition for review and the plaintiff's cross-petition before the Arizona Supreme Court in Daniel LaChance et al v. Cochise County et al, CV-24-0150-PR. The executive session and subsequent public action were conducted with two supervisors present at roll call and a quorum confirmed; the roll call recorded Supervisor Crosby (District 1) and Supervisor Antinori (District 3) as present, and Supervisor Gomez (District 2) as absent at the roll call. The final vote on the withdrawal was recorded as District 1: Aye; District 2: Aye; District 3: Aye, 3 to 0.

The board did not state a settlement amount or other terms in the public record at the meeting. The decision recorded in the public meeting minutes was a direction to the county's attorney to withdraw the petition for review; no additional implementation details or timelines were specified during the public portion of the meeting.

The litigation remains identified in the public record as Daniel LaChance et al v. Cochise County et al, CV-24-0150-PR, currently before the Arizona Supreme Court; the transcript records references to the county's petition for review and the plaintiff's cross-petition. The board's action withdraws the county's pending request for the high court's review, as recorded in the meeting transcript.

The board adjourned the special meeting after the vote.