Cochise County officials refused to certify election results. They've now been subpoenaed

Arizona Attorney General Kris Mayes' office has subpoenaed two Cochise County supervisors who initially refused to certify 2022 election results, a step forward in ongoing investigations of the southeast Arizona county's leadership.

Cochise County Attorney Brian McIntyre confirmed Monday that Supervisors Tom Crosby and Peggy Judd had been subpoenaed. The subpoenas notify Crosby and Judd, both Republicans, they are under investigation and must appear before a grand jury on Nov. 13, according to reporting by The Herald Review and Votebeat.

Neither Crosby nor Judd responded to multiple requests for comment.

The exact nature of the grand jury investigation isn't clear, and Mayes' spokesperson declined to comment on the subpoenas, citing state law that makes grand jury proceedings confidential in most circumstances. Mayes' office is also investigating the board for possible violations of Arizona's Open Meeting Law.

Supervisor Ann English, the only Democrat on the three-member board, said she spoke last week to an investigator for the Arizona Attorney General’s Office for about 15 minutes. The open meeting law issue did not come up, she said, though she couldn’t “pinpoint” any particular focus of the inquiry. The investigator’s questions were broad in nature but he "may have" asked about the certification vote, she said.

English said her own recollection of the certification drama was hazy, noting the county had been fielding requests for information from the state prosecutor “for a very long time.”

“We've all been contacted at one point in time or the other from the Attorney General's Office, so I didn't think it was strange to talk to me,” she said. English said the investigator was there to speak to other people at county headquarters, but English didn't know who.

Former prosecutors had urged Mayes' predecessor, Republican Attorney General Mark Brnovich, and McIntyre to pursue charges against the two supervisors.

Former Arizona Attorney General Terry Goddard, a Democrat, and former Maricopa County Attorney Rick Romley, a Republican, asked Brnovich and McIntyre to consider criminal charges a day after Judd and Crosby refused to certify the county's election result in November.

McIntyre said Monday he began an inquiry as to whether laws were broken. After Mayes was sworn in on Jan. 2, McIntyre said he asked her to "proceed with it in light of any potential for conflicts” in his own office, which represents the county board.

Goddard and Romley outlined possible crimes, noting counties do not have discretion under the law to decide whether to certify election results. County officials pass along those results to the secretary of state to do the math for the official statewide count.

Arizona law says those charged with failing to perform their duty in elections in their official capacity, who "knowingly" act in violation of any such law, are guilty of the lowest-level felony in Arizona. There are also misdemeanor penalties for public officials who simply don't perform their duties, and for people who violate the Election Procedures Manual, the state's guidebook for how to conduct elections.

Crosby and Judd at first voted to delay the certification, saying they wanted a meeting to hear evidence about county voting machines and whether they were properly certified. By that time, they had ignored repeated legal advice that their actions were illegal.

The supervisors were quickly sued, including by then-Secretary of State Katie Hobbs. One lawsuit yielded a court order to certify the result, which the supervisors convened to do — though Crosby didn't show up. Ultimately, they voted 2-0 to send the results to Hobbs just four days before the statewide canvass.

Mayes has pledged to restore trust in elections and prosecute individuals who threaten election officials. Her office is also investigating 11 individuals who falsely signed documents in 2020 in an attempt to thwart Congress from certifying Joe Biden's win.

The attorney general has been tight-lipped about that investigation, even as so-called fake electors in Michigan and Georgia have faced criminal prosecutions. Mayes often notes her comparably short time in office, having started in the role 10 months ago.

Reach reporter Stacey Barchenger at stacey.barchenger@arizonarepublic.com or 480-416-5669.

This article originally appeared on Arizona Republic: Kris Mayes subpoenas Cochise County officials over certification refusal