This Republican bill would protect Arizona county officials who refuse to certify election results

Republican lawmakers want to bar the Arizona attorney general from bringing charges against county supervisors who refuse to certify future election results.

Rep. Rachel Keshel (R-Tucson) filed House Bill 2440 more than a year after an Arizona grand jury indicted two Republican Cochise County supervisors on felony charges for attempting to delay certification of the county’s 2022 election results over unsubstantiated claims that vote tabulators had been compromised.

“Obviously, in the bill it says in good faith – if they have some concerns about the election that they have the right to question, and not just feel forced to certify the election,” Keshel said.

However, under Arizona law, a county board of supervisor’s duty to certify an election is considered a ministerial act, meaning they do not have discretion to delay certification or refuse to certify results altogether.

That’s why Democratic Attorney General Kris Mayes brought charges against Cochise County Supervisors Peggy Judd and Tom Crosby in 2023 for allegedly conspiring to obstruct the Secretary of State’s ability to certify the statewide election results.

Howard Fischer/Capitol Media Services

“The repeated attempts to undermine our democracy are unacceptable,” Mayes said after announcing the grand jury indictment in November 2023. “I took an oath to uphold the rule of law, and my office will continue to enforce Arizona’s elections laws and support our election officials as they carry out the duties and responsibilities of their offices.”

State law outlines a process to challenge election results in the courts after certification is complete.

Judd, who no longer serves on the board, ultimately pled guilty to a single misdemeanor and received 90 days probation. Crosby continues to fight the charges and asked the Arizona Supreme Court last month to take up his request to dismiss the case.

Keshel made several false statements about the situation in Cochise County in 2022 when she presented the bill to the committee.

“And when they started speaking about not being comfortable certifying the canvass, that was when there was an attorney sent by the Attorney General's Office – Kris Mayes – Marc Elias, who started to threaten some of the county supervisors with jail time if they weren't going to certify the canvass,” Keshel said.

Republican Mark Brnovich was Arizona’s attorney general in 2022 when Judd and Crosby delayed certification. Mayes was a candidate on the ballot, but she did not take office until 2023.

Elias, a Democratic voting rights attorney, filed a lawsuit on behalf of a civil rights group to force the Cochise County board to stop pursuing a full hand count of ballots and certify results, according to Votebeat. Then-Secretary of State Katie Hobbs, now the state’s Democratic governor, also filed a special action asking the court to force Cochise County to certify the election.

Tim Agne/KJZZ

Keshel also claimed that “all three of the supervisors were questioning what had happened” in Cochise County. However, Democratic Supervisor Ann English was in vocal opposition to Judd and Crosby’s attempts to delay certification.

“I think it’s a circus that doesn’t need to have to happen. I’ve had enough, I think the public has had enough,” English told the judge who ordered the county to certify the election.

Keshel’s bill passed the Arizona House’s Federalism, Military Affairs & Elections Committee on a party-line vote.

The Republicans who supported the legislation argued no one can force an elected official to vote against their conscience – even though courts have affirmed that state law requires county election officials to certify elections.

“We received information from two former Supreme Court justices that determined that our votes, the votes that we take and any elected official takes, it's our personal property,” Rep. John Gillette (R-Kingman) said. “So how can you dictate to me in statute if I really feel there is a critical error in the election?”