PHOENIX — An Arizona appeals court has turned down an argument made by a local official that felony charges against him for delaying the certification of election results in his rural county should be dismissed due to claims of legislative immunity.
In a decision delivered on Tuesday, the Arizona Court of Appeals determined that Cochise County Supervisor Tom Crosby’s obligation to certify the election results was not a matter of personal discretion. The court emphasized that the responsibility to certify election results is an administrative one, thus legislative immunity does not apply in Crosby’s case.
Crosby, along with fellow Cochise County Supervisor Peggy Judd, both Republicans, faced criminal charges after hesitating to certify the election results. Recently, Judd entered a guilty plea to a misdemeanor charge related to failing in her duty as an election officer, resulting in a probation sentence.
Crosby has denied the charges of conspiracy and interference with an election officer, with his trial set to begin on January 30. One of Crosby’s attorneys, Dennis Wilenchik, indicated that they intend to seek a review of the case by the state Supreme Court. Wilenchik argued that postponing the certification by a few days should not be categorized as a criminal offense and that Crosby should be protected under immunity laws.
“If it’s merely a formality, then why is certification even necessary?” Wilenchik questioned.
Ultimately, the certification of the Cochise County election results was completed after the statutory deadline when a judge intervened, mandating Judd and Crosby to fulfill their legal obligations. Judd, along with Supervisor Ann English, who is the only Democrat on the board, proceeded to approve the canvass, thereby enabling the statewide certification process to progress as planned.
