Here come AZ Republicans again trying to prevent AG from penalizing officials who refuse to certify elections when Democrats win

By Howard Fischer
Capitol Media Services
PHOENIX -- Republican lawmakers are moving to hobble the ability of the attorney general to force county supervisors to do what courts have said is their job: certify election results.
Legislation awaiting a full House vote would legally bar Kris Mayes -- and whoever succeeds her -- to bring criminal or civil charges against any county supervisors who refuses to vote for the formal canvass based on a "good faith belief'' there are issues that "materially affect the integrity or accuracy of the election results.''
But HB 2440 actually is broader.
It would allow supervisors to avoid legal liability for balking at certification if they have any "documentation or other evidence'' that suggests "potential irregularities or errors in the election process.'' More to the point, within that definition are not just official reports but also sworn affidavits and "expert testimony.''
It does not say, however, from whom those affidavits must come. And that leaves the door open to anyone who claims they have seen something amiss providing a legal basis for supervisors to balk.
The approval of the measure this week by the House Committee on Federalism, Military Affairs and Elections on a party-line vote came despite opposition from Mayes.
"HB 2440 lets county supervisors stall election results and play games with certification under the vague excuse of a 'good faith belief.' '' said Mayes press aide Richie Taylor. "If Republicans in the Legislature cared about real election integrity and reform, they wouldn’t have advanced a bill that weakens accountability and invites chaos.''
Bit Rep. Rachel Keshel, who crafted the measure, said what the Attorney General's Office did to two Cochise County supervisors after the 2022 election proves the need for the protections.
"They had some voters who brought them some affidavits and some concerns about some of the election results,'' said the Tucson Republican. "And what happened after that was a little bit shocking.''
Tom Crosby and Peggy Judd refused to complete the canvass amid what they said were questions about whether the machines used to tabulate the ballots were properly certified. That refusal came despite repeated assurances from Kori Lorick, who was the state elections director, that the machines met all legal standards.
Judd finally complied -- but only after being ordered to do so by Pima County Superior Court Judge Casey McGinley. He ruled that state law is clear that the supervisors were required to certify the vote.
Crosby did not show up for the canvass, leaving it to Judd and Ann English, the lone Democrat on the board, to complete the process.
All that led to Crosby and Judd being indicted on charges they conspired to delay the canvass.
Both also were charged with illegal interference with an election officer. That was based on the delay in preventing Katie Hobbs, who was then secretary of state, from completing the statewide canvass.
Judd eventually pleaded guilty to a misdemeanor charge of failing to perform her duties as an elected official. She was placed on unsupervised probation for 90 days and fined $500.
Crosby continues to fight the charges.
Keshel said the supervisors had constituents coming to them with concerns. And she described what the attorney general's office was doing as "threatening them with jail time'' for doing their jobs.
She also cited an incident involving Mohave County supervisors who were weighing whether to tally votes in the 2022 election by hand to answer questions about the accuracy of tallying equipment.
In that case, Mayes sent a letter to to the board warning them that going down that path "could result in various felonies and misdemeanor penalties.''
"So this is just to protect those county supervisors,'' Keshel said of her legislation, allowing them to exercise their First Amendment rights when deciding whether to perform the formal canvass.
"They have the right to question that and not just feel forced to certify the election,'' she said.
Keshel's proposal drew support from Isaac Glover who describes himself on his X profile as MAGA and as a supporter of Republican causes. He had previously announced on the platform he was working with Keshel "to end the unjust prosecution of local officials.''
"This is a threat to democracy,'' he told committee members in testifying for the measure.
He claimed that at least one judge reviewing Kari Lake's challenge of her 2022 loss in the gubernatorial race to Hobbs said "there were a bunch of issues with the election'' but refused to overturn the results.
There was no such finding.
In fact, every court that handled down rulings in that case concluded that whatever evidence Lake introduced was insufficient to set aside the results. The courts, however, did refuse to let her reopen her case with what she said was late-discovered evidence.
Glover, however, pursued his claim.
"It is not a threat to democracy to certify an election when you know, you admit, that there are problems with this?'' he asked lawmakers. "That doesn't make any sense.''
Rep. Alexander Kolodin, R-Scottsdale, said it makes sense to limit the the power of the attorney general to haul supervisors into court in these kinds of situations.
He said voters in each county select their supervisors. And those board members, said Kolodin, include supervision over elections "and to make decisions over whether those results are fair and accurate and to certify them.''
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