PHOENIX (AP) 鈥� An appeals court has rejected an Arizona official鈥檚 argument that felony charges against him for delaying certification of his rural county鈥檚 2022 election results should be dismissed because he has legislative immunity.
In an order Tuesday, the Arizona Court of Appeals concluded Cochise County Supervisor Tom Crosby鈥檚 duty to certify the election results wasn鈥檛 discretionary. The court also said certifying election results is an administrative responsibility and that legislative immunity doesn鈥檛 apply to Crosby鈥檚 situation.
Crosby and Cochise County Supervisor Peggy Judd, both Republicans, were criminally charged after they . Two months ago, Judd to a misdemeanor charge of failing to perform her duty as an election officer and was sentenced to probation.
Crosby has pleaded not guilty to charges of conspiracy and interference with an election officer. His trial is scheduled for Jan. 30.
Dennis Wilenchik, one of Crosby鈥檚 lawyers, said his client will ask the state Supreme Court to review the matter. Wilenchik said moving the certification鈥檚 date by a few days wasn鈥檛 a criminal act and that Crosby should be immunized.
鈥淚f it鈥檚 just a rubber stamp then why is it (certification) needed at all?鈥� Wilenchik said.
The Cochise County results were ultimately certified past the deadline after a judge ordered Judd and Crosby to carry out their legal duties. Judd and Supervisor Ann English, the board鈥檚 lone Democrat, finally approved the canvass, allowing the statewide certification to go forward as scheduled.
