BISBEE, Ariz. (KGUN) — A Superior Court judge has dismissed a lawsuit challenging Cochise County’s plans to hold a new jail district election, clearing the way for voters to decide on a proposed sales tax this November.
Judge Michael Latham approved the motion to dismiss in LaChance, et al. v. County of Cochise, et al., ruling the Nov. 4, 2025, election is the most efficient way to resolve issues stemming from a flawed 2023 vote. The ruling affirms the Board of Supervisors’ authority to move forward with a new election.
In response, the Cochise County Sheriff's Office issued the following statement:
While the recent jail district tax election was approved by Cochise County voters in May 2023 and subsequently challenged, the facts remain that the need for a safe, secure, and modern detention facility in Cochise County remains a critical priority. We remain committed to exploring lawful, fiscally responsible alternatives that align with community values and legal obligations.
Moving forward, we will continue to be transparent with stakeholders and the public to identify sustainable solutions for replacing our aging jail infrastructure, ensuring public safety, and meeting constitutional standards for inmate care.
The court also denied the Arizona Secretary of State’s request to intervene in the case.
The dispute centered on a 2023 jail district election in which nearly 11,000 eligible voters reportedly did not receive ballots. In response, the Board adopted Resolution JD25-01 on May 6, 2025, formally calling for a new election to decide whether to approve an excise (sales) tax to fund construction of a new county jail.
Board attorney Timothy La Sota called the court decision a win for local government.
“This ruling is a vindication of Cochise County’s plan to address a difficult election situation and a repudiation of efforts by statewide officials to butt in,” La Sota said.
As part of the CCSO official statement, Sheriff Mark Dannels is quoted as saying, "I have many more questions than answers to highlight how we got here, the collective energy and dedication by all those within this office and beyond, to include Commander Kenny Bradshaw and his team, were remarkable and commendable.
"Their countless efforts to gather facts and educate our public on the state of our aged-out jail were truly admirable. As a believer in the Rule of Law and our Judicial System, I will concede to the most recent ruling and our entire team will continue moving forward, focusing on the best interest of our staff and our inmates, while keeping our Public Safety Community Mission forever in the forefront,” Dannels said in the statement.
All registered voters in Cochise County—including residents of all cities and unincorporated areas—are eligible to vote. Early voting begins Oct. 8. In-person voting will also be available on Election Day.
Pro and con statements for the voter information pamphlet are due by Aug. 6. Pamphlets will be mailed to voters by Sept. 30.
The proposed tax would end once enough revenue is collected to build the facility and retire any debt. At that point, the Jail District would dissolve.
