In a surprising rejection by the Arizona Court of Appeals, county supervisor Tom Crosby’s legislative immunity claim faced dismissal in a case related to delayed certification of the 2022 election results in Cochise County, Arizona.

An Arizona appeals court ruled that Crosby, a county supervisor in Cochise County, does not possess legislative immunity in regard to stalling his county's 2022 election certification, resulting in the setting of a trial date for late January, as the Associated Press reports.

The appeals court stressed that the certification of election results is an administrative responsibility, eliminating the possibility of legislative immunity Crawford had claimed.

Crawford, and his colleague, Peggy Judd, both Republicans, have been charged criminally for delaying the confirmation of election results.

Crosby Pleads Not Guilty, Judd Concedes

Crawford declared his innocence against the counts of conspiracy and interruption with an election officer.

However, two months before his plea, Judd confessed to a misdemeanor related to her neglect in executing her task as an election officer and was consequently put on probation.

Despite the criminal charges and court dismissal, Crawford’s attorney, Dennis Wilenchik plans to appeal this decision in the state Supreme Court. Wilenchik proposed that the delay in the confirmation process of the election doesn't constitute a crime.

Statement from Defense Raises Questions

Defending his client, attorney Dennis Wilenchik argued in court, questioning the necessity of the certification process. He asked, "If it’s just a rubber stamp then why is it (certification) needed at all?"

Despite such statements from the defense, the court's indictment was held valid and the trial date remains unchanged. Crawford is scheduled to appear in court for his trial on January 30.

The delayed results for Cochise County were eventually certified after a judge mandated Tom Crawford and Peggy Judd act on their duties.

Subsequent Actions Ensured Statewide Election Certification

Following the judge's order, the delayed certification in Cochise County permitted the statewide election results to proceed.

This was made possible after Judd and Ann English, a Democrat, approved the canvass.

This made it clear that the stalled certification in Cochise County was standing in the way of the statewide election results, creating a ripple effect.

The court, thus, emphasized the importance of administrative duties and ensured that they were not bypassed under the claim of legislative immunity.

Court Affirms Election Certification as Administrative Duty

The court's affirmation of election certification as an administrative responsibility, rather than a discretionary one, serves as a precedent for all election officers.

It delineates the lines of function for officials involved in the election process.

This case has been pivotal in understanding the roles and responsibilities of election officers, especially concerning critical processes like election certification.

With the trial set for later this month, the court's decision could potentially carve the path for future cases involving the misinterpretation of legislative immunity.