Settlement Reached in Surveillance Lawsuit Against Cochise County

Today, a settlement was reached concerning a lawsuit against Cochise County, Arizona, involving supervisors Tom Crosby and Peggy Judd. The lawsuit stemmed from allegations that these officials failed to meet public records requests tied to election management decisions, particularly linked to the mid-term 2022 election results and state deadlines.

This legal action compelled the county to recover hundreds of pages of public records that had been removed by county recorders, showcasing the necessity of transparency. The resolution of this case, which lasted several months, now ensures that essential information is accessible to the public.

“Today’s outcome is a significant win for transparency and accountability in Cochise County, serving as a strong warning against any future election interference,” noted Chioma Chukwu, the interim executive director of the watchdog organization involved. “Our stance against those who deny election integrity is unwavering. We’re committed to defending the rights of those who reveal misconduct within the civil service.”

During depositions in August, Crosby and Judd opted not to respond to inquiries, invoking the Fifth Amendment for self-protection. The watchdog group sought to compel both supervisors to testify, pointing out that the Fifth Amendment does not grant immunity in civil cases when truthful answers do not lead to self-incrimination.

On September 10th, new evidence was presented in court, indicating that Crosby used personal mobile phones and email accounts to conduct official business. This was crucial for supporting the request for Crosby and Judd to testify. Records obtained from David Stevens’ personal devices revealed messages from Crosby’s personal email regarding voting orders and communications related to county election business.

Background of the Lawsuit

Cochise County has seen a rise in election denial claims over the past few years, with officials supporting unfounded allegations of voter fraud. Notably, there were conspiracy theories surrounding voting machines that gained traction.

Crosby and Judd gained national attention in 2022 for their refusal to certify election results, which they falsely claimed were unverified. Following a lawsuit from the Arizona Attorney General, the county was ultimately forced to certify the results. Both supervisors later faced indictments for felony conspiracy and electoral interference.

The watchdog organization had initially filed a public records request in November 2022 related to election management changes. After a long struggle, they took legal action in January 2024 to enforce the release of these records. The ensuing deposition disclosed that county recorder Stephens had deleted relevant records, necessitating a forensic search to recover them.

The documents acquired throughout the legal process illustrate the pressures surrounding Crosby and Judd’s push for hand counting, bolstered by conservative state legislators. However, experts have warned that hand counting is typically more susceptible to errors and is costlier.