By Howard Fischer | Capitol Media Services
Cochise County Supervisor Tom Crosby can’t escape being tried on charges of election interference and conspiracy in connection with his refusal to certify the 2022 election results, the state Court of Appeals ruled Tuesday.
Judge Paul McMurdie, writing for the unanimous court, acknowledged that elected officials do have a certain “legislative immunity” for votes they take.
But the appellate judge said that under Arizona law, the formal “canvass” of the vote is strictly an administrative action, one in which supervisors have no discretion. And that, McMurdie wrote, means that Crosby cannot use a claim of immunity as a shield.
The appellate judges also rejected Crosby’s claim that anything he did, or did not do, did not interfere with the duties of the secretary of state to finalize the election results.
