In a recent decision, the Arizona Court of Appeals has ruled against an official’s claim of legislative immunity in a case involving the delayed certification of Cochise County’s 2022 election results.
Tom Crosby, one of the county supervisors, argued that his actions in delaying the certification were protected under legislative immunity. However, the court disagreed, stating that Crosby’s role in certifying the election results was not optional. They ruled it as an administrative task, not a legislative one, and therefore, immunity didn’t apply in this situation.
Crosby, alongside fellow supervisor Peggy Judd, both Republicans, faced criminal charges after hesitating to certify the election results. While Judd pleaded guilty to a misdemeanor charge and was sentenced to probation, Crosby has pleaded not guilty to charges of conspiracy and interference with an election officer. His trial is set for January 30.
Crosby’s lawyer, Dennis Wilenchik, is not giving up yet. He plans to take the case to the Arizona Supreme Court, insisting that simply delaying the certification by a few days isn’t a criminal act. Wilenchik also argues that if the certification is just a “rubber stamp,” then why does it even need to happen?
The results were ultimately certified, though, after a judge stepped in and ordered Crosby and Judd to do their jobs. After much delay, the election was officially approved, and the statewide certification moved forward as planned.
The case is still unfolding, and it’s one to watch as it could have big implications for election laws in Arizona.
