Guest: Attorney Charles Johnson & School Advocate Katey McPherson
Jail Tax Controversy in Cochise County Reveals Flaws in Election Process
A legal battle over a jail tax election in Cochise County has exposed serious concerns about voter disenfranchisement and election integrity, with implications for upcoming tax initiatives across Arizona. Attorney Charles Johnson represents four plaintiffs challenging the validity of a jail district tax election where over 11,000 voters were not mailed ballots in what was designated as an all-mail election.
Election Process and Legal Challenges
The controversial election was conducted exclusively through mail-in ballots, with no polling places or drop-off centers available. According to Johnson, two of the three Cochise County supervisors approved this format, stating on record that an all-mail ballot election was necessary to pass the tax measure.
The legal challenge centers on several key issues:
Disenfranchisement of "inactive" voters who were not mailed ballots
Whether the measure required a 60% supermajority as a tax initiative
The absence of required petition signatures
Questions about proper election procedures
Division 2 of the Arizona Court of Appeals has ruled that all registered voters must be mailed ballots regardless of "inactive" status. This ruling contradicts the county's practice of labeling voters as inactive based solely on returned undeliverable mail.
Financial Impact and Implementation Concerns
Since its passage, the jail tax has generated over $8 million in revenue. However, only approximately $400,000 has been spent on jail system planning, despite campaign promises focusing heavily on building a new jail facility. The majority of funds have instead gone to current jail operations.
The tax was promoted to voters as costing only $67 per year, but this figure was calculated by dividing the total cost across every man, woman, and child in Cochise County, potentially misleading voters about the actual per-household impact.
Current Legal Status
The case has reached the Arizona Supreme Court, where several developments have occurred:
Cochise County defendants have withdrawn their petition for review
The Attorney General, Secretary of State, and Cochise County Sheriff are attempting to intervene
Maricopa County has filed an amicus brief supporting Cochise County's position on inactive voters
Implications for Future Elections
As similar tax initiatives emerge in other jurisdictions, including Tucson's upcoming Proposition 414, the Cochise County case serves as a cautionary tale. Johnson emphasizes the importance of:
Voters checking their registration status
Ensuring accurate voter rolls
Maintaining polling place options alongside mail-in voting
Clear communication about tax implications
Proper oversight of collected funds
The controversy highlights broader concerns about election integrity, voter access, and the implementation of tax initiatives in Arizona's local governments.
Child Safety in Schools: A Critical Examination
Chandler Unified School District Case Study
An investigation into the Chandler Unified School District has resulted in recommended disciplinary action for five current and former employees regarding their handling of student complaints about inappropriate teacher behavior. The Arizona State Board of Education's Professional Practices Advisory Committee made these recommendations following a four-day hearing, highlighting systemic failures in protecting student safety.
Mandatory Reporting Requirements
Under Arizona law (ARS 13-3620), school personnel are mandatory reporters required to report all concerns of child abuse or neglect. However, the recent case revealed gaps in implementation:
Internal investigations were insufficient
Law enforcement wasn't properly engaged
School board wasn't properly informed
State board wasn't notified
Proper documentation was lacking
Aaron's Law Initiative
Senate Bill 1528, known as Aaron's Law, is scheduled for hearing before the Arizona Senate. The legislation, already passed in 38 other states, would require:
Education for students on safe/unsafe touch
Training on bullying intervention
Internet safety awareness
Comprehensive educator training on child abuse prevention
Clear protocols for reporting and responding to concerns
Katie McPherson, an educator and advocate, emphasizes the importance of this legislation in establishing clear boundaries and expectations for all parties involved in the education system.
Systemic Changes Needed
The discussion revealed several critical areas requiring attention:
Leadership Accountability
School board oversight
Administrative responsibility
Clear reporting protocols
Training and Education
Recognition of grooming behaviors
Proper response procedures
Regular updates and refresher courses
Student Support
Clear reporting channels
Mental health resources
Protection from retaliation
Parent Resources
Understanding warning signs
Knowing proper reporting procedures
Accessing support services
Moving Forward
The experts emphasize that protecting students requires a multi-faceted approach:
Regular training for all school personnel
Clear protocols for reporting concerns
Support systems for affected students
Transparency in handling incidents
Accountability for administrative responses
These measures aim to create an environment where students can focus on learning without concerns about their safety and well-being in educational settings.