Arizona official who delayed county's 2022 election certification didn't have immunity, court says

PHOENIX — An appeals court has rejected an Arizona official’s argument that felony charges against him for delaying certification of his rural county’s 2022 election results should be dismissed because he has legislative immunity.

In an order Tuesday, the Arizona Court of Appeals concluded Cochise County Supervisor Tom Crosby’s duty to certify the election results wasn’t discretionary. The court also said certifying election results is an administrative responsibility and that legislative immunity doesn’t apply to Crosby’s situation.

Crosby and Cochise County Supervisor Peggy Judd, both Republicans, were criminally charged after they balked at certifying the results. Two months ago, Judd pleaded guilty to a misdemeanor charge of failing to perform her duty as an election officer and was sentenced to probation.

Crosby has pleaded not guilty to charges of conspiracy and interference with an election officer. His trial is scheduled for Jan. 30.

Dennis Wilenchik, one of Crosby’s lawyers, said his client will ask the state Supreme Court to review the matter. Wilenchik said moving the certification’s date by a few days wasn’t a criminal act and that Crosby should be immunized.

“If it’s just a rubber stamp then why is it (certification) needed at all?” Wilenchik said.

The Cochise County results were ultimately certified past the deadline after a judge ordered Judd and Crosby to carry out their legal duties. Judd and Supervisor Ann English, the board’s lone Democrat, finally approved the canvass, allowing the statewide certification to go forward as scheduled.