TUCSON, Ariz. (KGUN) — A memo from the Arizona Secretary of State’s Office to Attorney General Mark Brnovich and the Cochise County Attorney Brian McIntyre is urging an investigation into the actions of two members of the Cochise County’s Board of Supervisors for “potential violations of Arizona law."
The memo accuses Cochise County Board of Supervisors Tom Crosby and Peggy Judd of knowingly refusing to meet the Nov. 28 deadline to canvass the county’s 2022 General Election.
Supervisors Crosby and Judd knew they had a statutory requirement to canvass theelection by November 28, but instead chose to act in violation of the law, putting false election narratives ahead of Cochise County’s voters.
Supervisor Judd even publicly acknowledged that the false claims about equipment certification were merely a pretext, saying the claims were “the only thing we have to stand on” to not certify the canvass.
~ Letter from Arizona Secretary of State's office to Attorney General Brnovich and County Attorney McIntyre
click the lower left icon to read letter fullscreen
According to state law, the requirement to canvass within 20 days of the election is non-discretionary.
The letter reiterates, "As you know, Arizona law contains several statutes that establish criminal penalties for failing to perform an election duty. A.R.S. § 16-1009 states that “[a] public officer upon whom a duty is imposed by this title, who knowingly fails or refuses to perform that duty in the manner prescribed by law, is guilty of a class 3 misdemeanor.”
The office of the Secretary of State further told KGUN 9, "Two elected officials refused to uphold their statutory duty to certify the election results on time. Even after a court order, one continued to defy the law. The Secretary referred this matter because efforts to undermine Arizona’s democracy must be addressed."
KGUN 9 has also reached out to the Attorney General's and Cochise County Attorney's offices and will update this story as it develops.
Katie Conner, spokesperson for the Attorney General’s Office sent the following response: “We have not officially received the letter from the Secretary of State. Not sure why the media would receive it before us. We decline to comment further."
Conner later confirmed receipt of the letter, but did not comment further.
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Anne Simmons is the digital executive producer for KGUN 9. Anne got her start in television while still a student at the University of Arizona. Before joining KGUN, she managed multiple public access television stations in the Bay Area and has worked as a video producer in the non-profit sector. Share your story ideas and important issues with Anne by emailing anne.simmons@kgun9.com or by connecting on Instagram, Twitter or LinkedIn.