An Arizona appeals court has rejected Cochise County Supervisor Tom Crosby’s argument that legislative immunity should protect him from felony charges stemming from his role in delaying certification of the 2022 election results in his rural county.
Court’s Decision on Legislative Immunity
In its decision issued Tuesday, the Arizona Court of Appeals ruled that certifying election results is an administrative duty, not a legislative one, and therefore does not fall under legislative immunity protections. The court emphasized that Crosby’s responsibility to certify the election results was not discretionary but mandated by law.
Crosby, along with fellow Supervisor Peggy Judd, faced criminal charges after refusing to certify the election results within the required timeframe. Judd has since pleaded guilty to a misdemeanor charge of failing to perform her duty as an election officer and received a probation sentence.
Crosby’s Legal Defense and Upcoming Trial
Crosby has pleaded not guilty to charges of conspiracy and interference with an election officer. His attorney, Dennis Wilenchik, stated that they intend to appeal to the Arizona Supreme Court, arguing that moving the certification date by a few days does not constitute a criminal act. Wilenchik questioned the necessity of certification if it is considered a mere “rubber stamp.”
Crosby’s trial is scheduled to begin on January 30.
Background of the Certification Delay
The delay in certifying the Cochise County election results in 2022 garnered statewide attention. After Crosby and Judd refused to fulfill their legal duties, a judge intervened and ordered the certification to proceed. Ultimately, Judd and Ann English, the board’s sole Democratic member, approved the canvass, enabling Arizona’s statewide certification to continue on schedule.
