Howard Fisher
Capitol Media Services

PHOENIX — An Arizona judge has ordered two Cochise County superintendents to pay more than $34,000 in legal fees in losing bids to avoid certifying the results of the 2022 general election. rice field.

However, it remains unclear whether Peggy Judd and Tom Crosby will have to pay for it out of their own pockets, or let the county taxpayers pick up the tab.

In the new order, Pima County Superior Court Judge Casey McGinley forced then-Secretary of State Katie Hobbs and the League of Arizona Retired Americans to go to court and force the board to carry out its duties after Judd and Crosby refused. said that it is necessary to

McGinley agreed, concluding in the Dec. 1 order that the board had a “non-discretionary duty to consider the vote.” Attend meetings to comply.

But the judge said in a new order, but that didn’t end the matter.
He cites state laws that require courts to award fees and other costs to anyone who succeeds in a lawsuit against a public official “to perform an act imposed by law as a duty to that public official.” rice field.

McGinley also said the successful parties were the Office of the Secretary of State and AARA, the local branch of an organization founded by the AFL-CIO made up of retired trade union members.

The judge also dismissed various claims put forward by attorneys representing Crosby and Judd, including claims that county taxpayers could bear the burden of these charges.

Still, McGinley didn’t provide everything a lawyer could ask for.

AARA’s attorneys received $21,530 of the more than $33,000 they claimed. Also, attorneys for current Secretary of State Adrian Fontes were awarded her $12,525, about $4,000 less than requested.

It also cost about $2,100 more.

Notably, McGinley said Anne English, the only Democrat on the three-member board, was not responsible for any costs.

“She did not object to the relief sought by plaintiffs and, in fact, joined the court’s request to issue Mandams’ warrant,” the judge wrote.

Crosby told Capitol Media Services on Thursday that he did nothing wrong.

He said the only thing McGinley told him to do was “investigate” the vote, not approve it.

“Canvas can be a verb or a noun,” said Crosby.

“If it’s a verb, the way he used it…means to check and inspect the results. I already had.”

Crosby said the inspection had led people who spoke to the board to believe the machine was not properly certified.

“The claim that I defied the judge’s order is true,” he said.
Judd said she wouldn’t respond.

McGinley’s order came after two Republican overseers, Judd and Crosby, questioned whether the machines used to count ballots were properly authenticated after the November general election. State elections administrator Cori Rorick has repeatedly assured that the machine meets all legal standards. made that refusal regardless.

But even if there were problems, McGinley said in the December order that it was no excuse to ignore the statute’s clear language.

“The law does not take into account any objections or concerns that the Board, its members, or the public may have regarding the certification or authorization of tallying equipment,” the judge said.

The judge also denied Crosby’s request for another day until the board’s scheduled regular meeting.

Judd said he wasn’t happy McGinley forced him to approve the certification after the December ruling.

“We have a duty to ensure that elections are fair and appropriate,” she said.

“I am the ruler of law,” she said. It means that you must obey.

Still, Judd is convinced that, despite McGinley’s ruling, she was correct in saying that she herself, having read the electoral law, could not prove the results until she answered all questions about the accuracy of the results. made it clear that

The attendance of Judd and English proved the results. Crosby did not appear.

A judge’s December decision to force a formal investigation means that the state, which Rollick faces its own deadline to formalize the results of, could face Cochise County if regulators don’t take action by the deadline. All but about 47,000 from residents of the city said they would go ahead and authorize their return. of state canvas.

Had that happened, it would have changed the outcome of several elections, including public school presidents and new representatives from the 6th congressional district.

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Twitter: @azcapmedia