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Cochise County supervisor can be tried on election interference and conspiracy, Arizona court says

The Arizona State Courts Building in downtown Phoenix
Tim Agne/KJZZ
The Arizona State Courts Building in downtown Phoenix houses the Arizona Supreme Court and the Arizona Court of Appeals.

The Arizona Court of Appeals ruled last week that Cochise County Supervisor Tom Crosby can be tried on charges of election interference and conspiracy.

The charges relate to Crosby’s refusal to certify the 2022 election results. Writing for the unanimous court, Judge Paul McMurdie acknowledged that elected officials do have a certain legislative immunity for votes they take.

But said the formal canvass of election results is strictly an administrative action and that county supervisors have no discretion. Judge McMurdie says that means Crosby cannot claim immunity. The court also rejected his claims that he did not interfere with the duties of the secretary of state to finalize results.

The other members of the Board of Supervisors did eventually certify the results after a court order.

Crosby is likely to appeal.

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