PHOENIX (AP) — An Arizona court has ruled that Tom Crosby, a Cochise County official, cannot claim legislative immunity to dismiss charges for delaying the certification of the 2022 election results.
The Arizona Court of Appeals decided Tuesday that certifying election results is an administrative task, not a legislative one, and Crosby was legally required to complete it.
Crosby, along with fellow Republican Supervisor Peggy Judd, faced criminal charges for refusing to certify the county’s election results on time. Two months ago, Judd admitted to failing her duty as an election officer, pleaded guilty to a misdemeanor, and received probation.
Crosby, however, pleaded not guilty to charges of conspiracy and interfering with an election officer. His trial is set for January 30.
Dennis Wilenchik, Crosby’s lawyer, plans to take the case to the Arizona Supreme Court, arguing that delaying the certification by a few days wasn’t a crime and that Crosby should have immunity. “If it’s just a rubber stamp, why is certification needed at all?” Wilenchik asked.
The delay ended after a judge ordered Crosby and Judd to fulfill their legal responsibilities. The election results were finally certified past the deadline, with Judd and the board’s lone Democrat, Ann English, approving the canvass. This allowed the statewide certification to proceed on time.
