Az Appeals Court Rules Legislative Immunity Does Not Shelter Election Result Challenges

Cochise County Supervisor Tom Crosby faces a legal setback after an Arizona appeals court ruled he was not shielded by legislative immunity regarding his actions to delay the certification of the 2022 midterm election. This decision upholds a prior ruling by a lower court.

Crosby, along with fellow Supervisor Peggy Judd, was indicted in 2023 on felony charges, including conspiracy and interference with an election officer, for failing to certify the election results by the state-mandated deadline. Democratic Supervisor Ann English dissented, advocating for timely certification.

Amidst unsubstantiated claims of election fraud propagated by some Republican figures, GOP supervisors across the state experienced significant pressure against certifying results. Ultimately, the Cochise County Board voted to certify only after a judicial order. Notably, Crosby chose not to attend the certification meeting, further complicating the situation.

Judge Paul McMurdie highlighted that Crosby admitted during grand jury testimony that he had no legitimate concerns regarding the election results that would warrant postponement. The court reiterated that Crosby’s obligations under election law were not discretionary.

Judd, seeking to minimize repercussions, pled guilty in October to a lesser misdemeanor charge, avoiding felony conviction and retaining her right to vote. In contrast, Crosby has sought to have the charges against him dismissed, arguing improper jurisdiction and claiming legislative immunity. These efforts have so far been rejected.

While the appeals court affirmed the lower court’s decision, it emphasized that whether Crosby interfered with the election process is a matter for a jury to decide. Wilenchik, Crosby’s attorney, contends that the prosecution stems from political motivations rather than legal justifications. He argues that a supervisor should not be penalized for performing their duty amid concerns about election integrity.

The Cochise County Board of Supervisors has been embroiled in controversies surrounding election integrity, including a blocked attempt to conduct a full hand-count of ballots due to allegations of voter fraud. A judge ruled this attempt illegal, reinforcing the challenges the county leaders face with public perception and legal scrutiny.

As it stands, a jury trial for Crosby is scheduled for January 30, adding another chapter to a tumultuous saga surrounding 2022 midterm election certification in Arizona.