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

The criminal trial of two rural Arizona county supervisors who initially refused to certify election results in 2022 will not occur before this year’s elections after it was again delayed.

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.

The trial has been pushed back multiple times and is now set for 30 January 2025, the court docket shows. The delay was mutually agreed upon, the attorney general’s office said.

Despite the county’s typically low profile, the trial is being watched nationally as elections experts anticipate a potential wave of local officials refusing to certify results if Trump loses. The red county, set on the US-Mexico border, has a population of about 125,000.

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

“The fact that two supervisors who failed to certify results on time in the past are facing criminal charges does serve as a deterrent to other officials who might be considering obstructing the certification process in Arizona this year,” said Travis Bruner, the Arizona state policy advocate at Protect Democracy. “And I think that deterrent exists, even though the trial isn’t going to occur before the election.”

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 US elections, local elections officials oversee the counting of ballots, often referred to as the canvass. County supervisors, like those in Cochise, then sign off on those results in what’s known as a certification. Think of the supervisors in these instances as scorekeepers, Bruner said. The supervisor’s role is to acknowledge the count, not act as a referee. This function is mandatory, not discretionary, he said.

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.

These efforts likely won’t hinder the ultimate election results because courts will step in to require certification, but they can cause delay, allowing for disinformation to swirl and and sow doubt in elections, Bruner said.

“What we’re seeing in Arizona and across the country is really that conspiracy theorists and folks who want to subvert election results, if they don’t like the results, have targeted the certification process as a place to sort of place their doubt in elections and try to change the results of elections that they don’t like,” he said.

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.

Crosby and Judd are two of them. Supporters of the two had previously told them they would cover their legal expenses, and an anonymous donor paid an initial $10,000 legal retainer. Crosby has sought donations on a crowdfunding site to help cover his legal expenses, as has Judd, though she’s brought in less money. Judd has said promises of funding never came to fruition because she was “small beans”.

Crosby and Judd have not made any indication that they intend to stall certification again this year, and there has not been a local effort to install hand counts, though some in the county still want them. The primary election this year in Cochise didn’t see any disruptions.

“They have been quieter recently as this court case has been playing out,” Bruner said. “You haven’t seen public statements from either of them suggesting that they would refuse to certify this time.”

Judd is not running for re-election, but Crosby is. Democrats have seen more interest in their candidates for supervisor and recorder roles this year than in previous cycles, including from national groups that have given endorsements to boost their profiles. Theresa Walsh, a retired army colonel who is challenging Crosby in November, lists one policy statement on her website – election integrity.

“Since the elections of 2020, many in our State and Cochise County have said that votes weren’t counted or weren’t correctly counted, that election results were tainted, changing the outcome of races,” her statement says. “As I learned as a pre-law student, you can’t just say it, you have to prove it. And that hasn’t happened. Because it didn’t happen. We have election integrity, we have systems we can trust.”