Trial of Arizona officials who refused to certify 2022 election delayed until next year

Tom Crosby and Peggy Judd, two of the three supervisors in the Republican-led Cochise county, face charges of conspiracy and interfering with an election officer, brought by the Democratic attorney general, Kris Mayes.

Charges like those against Crosby and Judd should send a message to many of those who would consider taking similar actions, democracy advocates say.

Cochise county became a hotbed for election denialism after the 2020 election, as did the rest of Arizona, because Trump lost the state in an upset for Republicans. Crosby and Judd first tried to conduct a full hand count of ballots in their county in the 2022 midterms, a move which was deemed illegal. The quest for a hand count included support from Republican state lawmakers.

Crosby and Judd then refused to certify the election until a court ordered them to do so, and even then, Crosby still did not vote to approve it. These actions have added costs to county taxpayers and gripped local meetings for many months.

In anticipation of potential certification battles after election day this year, pro-democracy groups have emphasized the illegality of such refusals and the role the courts play in enforcing laws on certification. Whether a wave of certification delays or refusals actually occurs depends in large part on who wins the election, and the degree of the pressure campaign that comes afterward.

A recent report by Citizens for Responsibility and Ethics in Washington found that 35 local elected officials across eight states had previously refused to certify election results and could be in a position to do so again this year.