PHOENIX — Republican lawmakers are moving to hobble the attorney general’s authority 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 Attorney General Kris Mayes — and whoever succeeds her — from bringing criminal or civil charges against any county supervisor 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.’’
House Bill 2440 also 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.’’ Within that definition are not just official reports but also sworn affidavits and “expert testimony.’’
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It does not say from whom those affidavits must come. And that leaves the door open to anyone who claims they have seen something amiss to provide a legal basis for supervisors to balk.
The approval of the measure this week by the GOP-led House Committee on Federalism, Military Affairs and Elections on a party-line vote came despite opposition from Mayes, a Democrat.
“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.’’
But Rep. Rachel Keshel (formerly Rachel Jones), who wrote the measure, said what the Attorney General’s Office did to two Republican Cochise County supervisors after the 2022 election proves the need for protections.

Rep. Rachel Keshel
“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 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.
Crosby and Judd were 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 as required by law.
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. She said the Attorney General’s Office was “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 because of their questions about the accuracy of tallying equipment.
In that case, Mayes sent a letter to to the board warning 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. It would allow them to exercise their First Amendment rights when deciding whether to perform the formal canvass, she said.
“They have the right to question that and not just feel forced to certify the election,’’ she said.
Howard Fischer is a veteran journalist who has been reporting since 1970 and covering state politics and the Legislature since 1982. Follow him on X, formerly known as Twitter, , and Threads at @azcapmedia or email azcapmedia@gmail.com.