Cochise County Supervisors Peggy Judd and Tom Crosby. November 28, 2023
Criminal charges against two Cochise County Supervisors will stand. A federal district judge has denied Peggy Judd and Tom Crosby's motions for dismissal and remandment.
The two Republican supervisors are charged with conspiracy and interference with an election officer after delaying the canvass and certification of the 2022 midterm election.
Attorneys for the supervisors argued that the state grand jury lacked jurisdiction and that the charges should be dismissed with prejudice due to legislative immunity. That legal doctrine is meant to protect legislators from being sued for activity related to legislative actions.
The judge denied their motions saying that legislative immunity does not apply to the alleged acts.
“The failure to hold a vote and conduct the canvass as a non-discretionary function of the CCBS in order to delay and hold a hearing on the validity of the voting machines, does not amount to a legislative act,” judge Geoffrey Fish wrote. “The CCBS, or any other county board of supervisors, does not have the authority to delay the canvass with the single exception being where returns from a polling place are found to be missing, a situation not in found here. Canvassing the vote is not a discretionary function.”
Fish also found that the “presentation of evidence to the Grand Jury was fair and impartial.” In addition, he said that their due process was not violated.
Democratic Attorney General Kris Mayes brought on the charges last November.
“This is a serious case, and the charges have merit,” Mayes said in a press release. “Today's ruling by the court supports that. While the defendants are innocent until proven guilty, as are all defendants in our criminal justice system, my office is prepared to move forward with this case and pursue justice for the people of Arizona.”
This is the second lawsuit related to actions taken by Judd and Crosby during the 2022 midterm election. In 2022, then Secretary of State Katie Hobbs filed a lawsuit against the board for their refusal to canvass the election by the deadline. A judge then ordered the board to canvass the results.
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