Criminal Charges For Republican In Arizona Over Election Meddling Proposed

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In a new letter to the state attorney general and the Cochise County attorney, an official in the office of Arizona Secretary of State Katie Hobbs encourages at least the possibility of criminal charges against two Cochise County officials who at least initially refused to complete the required canvass of county results from this year’s elections.

The canvass is a process of certifying the results ahead of further certification by the state. There’s no legally established opportunity for those responsible for canvassing to upend the process, which a judge who eventually ordered the Cochise County board to act observed was a “non-discretionary” function. Even then, one of the two Republicans on the three-person body didn’t participate in the subsequent canvassing vote, leaving the results 2-0. Intentionally violating Arizona election rules can lead to misdemeanor and felony penalties, and ahead of Cochise County hitting — and going past — the deadline established at the state level for certification, officials both answered questions raised about the certification for use of machines utilized during the elections and informed board members of the contours of their legal obligations, making it difficult to establish any kind of case they acted without intent.

The situation hearkens back to circumstances following the last presidential election when Trump and others tried to convince Pence his role overseeing the Congressional proceedings to certify the results meant he could take essentially unilateral action on the handling of those figures. Part of the reforms recently under consideration in Congress include a clarification of the strictly ministerial role held by the vice president while certifying the presidential election outcome. (Contrary to assertions from Trump, such a clarification doesn’t automatically constitute a change and that Pence actually could’ve blocked Biden’s win from its Congressional certification.)

In Arizona, the non-discretionary nature of the responsibility held by county boards to finalize their own certifications of local results doesn’t mean there aren’t other opportunities for those concerned about the handling of a race to bring challenges — but the law’s the law. (Some of the opportunities in Arizona for election challenges evidently require that they’re filed in court after state-level certification, which itself follows numerous audits and security checks.)

“The Board received ample notice that they had a statutory duty to canvass the county’s election results,” the recent letter says. “The Secretary of State’s Office told them as much at the November 18 meeting, and the Secretary of State’s Office sent a letter on November 21 explicitly informing the Board that canvassing the election is a non-discretionary, ministerial act and advising the Board of the lawlessness of failing to canvass. Additionally, the Secretary of State’s Office responded to extensive questions from the Board members about election equipment and the certification process. Supervisors Crosby and Judd knew they had a statutory requirement to canvass the election by November 28, but instead chose to act in violation of the law, putting false election narratives ahead of Cochise County’s voters… This blatant act of defying Arizona’s election laws risks establishing a dangerous precedent that we must discourage.” The missive is from State Elections Director Kori Lorick.