GOP Bill Surges Forward to Block AG from Prosecuting County Supervisors

Republican lawmakers have introduced legislation aimed at restricting the ability of the attorney general to compel county supervisors to certify election results, despite court mandates. The bill, awaiting a full House vote, would prevent the attorney general from filing criminal or civil charges against supervisors who refuse to certify results based on a “good faith belief” that there are integrity issues within the election process.

House Bill 440 broadens the scope for county supervisors to evade legal responsibility regarding the certification process. It allows for a lack of accountability if supervisors can present any “documentation or other evidence” hinting at “potential irregularities or errors” in elections.

Notably, the bill does not specify the origin of such documentation, leaving the possibility open for anyone to claim concerns, thereby granting supervisors legal justification to delay certification.

The House Committee on Federalism, Military Affairs and Elections approved the measure with a party-line vote, despite opposition from current Attorney General Kris Mayes. Her representative criticized the bill, stating it enables supervisors to “stall election results and play games” with certification, undermining accountability in the electoral process.

Rep. Rachel Keshel, the bill’s architect, defended the need for the legislation, pointing to legal actions against Cochise County supervisors following the 2022 election. She recounted how the supervisors faced repercussions after receiving affidavits from concerned voters regarding the validity of the election results.

Supervisors Tom Crosby and Peggy Judd expressed skepticism about the certification of machines used in the election, despite confirmations from the state elections director regarding legal compliance. This refusal to certify led to legal actions, including charges against them for conspiracy to delay the canvass.

Crosby and Judd were ultimately indicted for their actions, with Judd pleading guilty to a misdemeanor and receiving a fine and probation. Crosby continues to contest the charges against him.

Keshel contended that the legislation is necessary to protect supervisors from legal threats while exercising their First Amendment rights related to election accountability. She referenced other instances where county supervisors faced intimidation regarding their choices in certifying election results.

Support for the bill surfaced from various groups, with proponents arguing that current pressures on supervisors could lead to undemocratic practices. Advocates claim that questioning the integrity of an election should not result in penalties, reinforcing the argument that supervisors must be allowed to evaluate election results without fear.

Rep. Alexander Kolodin voiced support for the bill, emphasizing the importance of ensuring that elected supervisors have the discretion to scrutinize election results and certify them accordingly. Kolodin pointed out that voters elect these supervisors precisely to oversee and validate election integrity within their respective counties.