PHOENIX (AP) — An appeals court has rejected an argument by an Arizona official that felony charges against him for delaying the certification of his rural county’s 2022 election results should be dismissed based on legislative immunity. In an order issued on Tuesday, the Arizona Court of Appeals determined that Cochise County Supervisor Tom Crosby’s obligation to certify the election results was not discretionary. The court further ruled that certifying election results falls under administrative responsibilities, making legislative immunity inapplicable to Crosby’s case.
Crosby, a Republican, along with Cochise County Supervisor Peggy Judd, also a Republican, faced criminal charges after they hesitated to certify the election results. Two months earlier, Judd pleaded guilty to a misdemeanor charge for failing to fulfill her duties as an election officer and was given a probation sentence. On the other hand, Crosby entered a plea of not guilty to charges of conspiracy and interference with an election officer. His trial is set for January 30.
One of Crosby’s attorneys, Dennis Wilenchik, stated that his client intends to seek a review from the state Supreme Court on the matter. Wilenchik argued that adjusting the certification date by a few days should not be considered a criminal offense and asserted that Crosby should be granted immunity. “If it’s merely a formality, then why is certification necessary at all?” questioned Wilenchik.
The certification of the Cochise County results was eventually completed after the deadline when a judge mandated that Judd and Crosby fulfill their legal obligations. Subsequently, Judd and Supervisor Ann English, the sole Democrat on the board, ultimately approved the canvass, allowing for the statewide certification to proceed as planned.
