The Arizona Court of Appeals has ruled against Cochise County Supervisor Tom Crosby, rejecting his argument for legislative immunity in a case involving the delayed certification of the county’s 2022 election results.
The court determined that Crosby’s responsibility to certify the election results was not discretionary and was instead an administrative duty.
This ruling comes after Crosby, along with fellow Supervisor Peggy Judd, faced criminal charges for not certifying the election results on time.
While Judd pleaded guilty to a misdemeanor charge and was sentenced to probation, Crosby is fighting charges of conspiracy and interference with an election officer, with his trial set for January 30.
Crosby’s attorney, Dennis Wilenchik, plans to request a review from the state Supreme Court, asserting that Crosby’s actions were not criminal and that he should be immune from prosecution due to his role in the certification process.
Despite the delay, the election results were eventually certified, following a court order, allowing the statewide certification to proceed as required.
