Cochise County Supervisor Peggy Judd has agreed to a plea deal, making her the first individual to face criminal sanctions for refusing to certify an election since 2020. As a Republican supervisor in rural Arizona, Judd had previously refused to certify the results of the 2022 midterm elections.
Under the terms of the agreement, Judd will plead guilty to a misdemeanor for failing to fulfill her duty as an election officer. In exchange, she will be placed on unsupervised probation for at least 90 days and may face a maximum fine of $500, as noted by Arizona’s Democratic Attorney General, Kris Mayes, during a press announcement on Monday.
Despite her legal troubles, Judd remains in office and is expected to oversee the upcoming presidential election next month, during which she must certify the election results. Mayes’ office indicated in court that Judd’s probation will extend through the certification period in 2024. Should she refuse to certify the results again, she could violate her probation and face up to 30 days in jail, according to Capitol Media Services.
Both Judd and her fellow Republican supervisor, Tom Crosby, faced two felony charges related to conspiracy and interfering with an election officer. When asked about Crosby’s interest in a plea deal, his attorney, Dennis Wilenchik, remarked, “It does not look that way.”
This case has garnered attention beyond Cochise County, especially as officials in other regions of the U.S. contemplate not certifying election results. Such refusals, often based on unfounded claims of voter fraud, have been increasingly adopted by Republicans, raising concerns about the potential for confusion and delayed results.
A recent report from Citizens for Responsibility and Ethics in Washington has revealed that 35 local elected officials across eight states have previously refused to certify election results and may do so again this year. Notably, Arizona is the only state that has taken criminal action against officials who refused to certify.
In North Carolina, two county election board members were removed from their positions for not certifying elections, while warnings from state officials in Nevada and Michigan prompted reversals in similar situations.
Mayes commented on the charges against Judd and Crosby, emphasizing their purpose in deterring future attempts to interfere with elections. “Any attempt to interfere with elections in Arizona will not be tolerated. My office will continue to pursue justice, ensuring accountability for anyone undermining our electoral system,” she stated. Mayes also highlighted that this plea agreement serves as a crucial reminder of her commitment to uphold the rule of law and protect the integrity of Arizona’s elections.
Although the misdemeanor charge carries a less severe penalty than the initial felonies, it will remain on Judd’s record. “She’s still going to have this on her record. She’s going to have a criminal plea,” noted Nikhel Sus from Citizens for Responsibility and Ethics in Washington. “That is significant in and of itself.”
Judd has not yet responded to requests for comment. In the plea agreement, she admitted to “knowingly” refusing to perform her duty to certify the election. “I voted to delay the canvass during a public Cochise County Board of Supervisors meeting. I knew that the canvass would be delayed if one other supervisor voted with me,” her statement reflected.
Judd’s attorney, Kurt Altman, expressed relief that the case was resolved, describing it as a “giant nothing burger” after years of scrutiny and expense, while also noting that she is eager to move on. “It’s been a major ordeal for her,” he shared. “She was dealing with personal loss during the investigation, and this is a chapter she wants to close.”
