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LEGAL OPINION

Mayes rescinds opinion on hand-counting Arizona election ballots

PHOENIX — Democratic Attorney General Kris Mayes has rescinded an informal opinion issued by her Republican predecessor that said counties could hand-count all ballots in an election, a process Republicans in Cochise County attempted last year based on unfounded concerns that machine ballot tabulators are not secure or accurate.

Mayes late Friday issued a formal opinion in its place saying existing election laws bar counties from implementing full hand counts of ballots cast both on Election Day and those cast early by mail.

The new opinion tracks a judge’s ruling that blocked Cochise County officials from doing the full hand-count the Republican-dominated board ordered to be done following last November’s election. Judges look to opinions from the attorney general for important guidance on interpreting state laws, though they are not legally binding.

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