American Oversight Settles Lawsuit Against Cochise County After Forcing Release of Public Records Related to Election Administration

Today, nonpartisan watchdog organization American Oversight reached a settlement in its lawsuit against Cochise County, Ariz., Supervisors Tom Crosby and Peggy Judd, and other officials for failing to comply with public records requests related to county election administration decisions — including the supervisors’ refusal to certify the 2022 midterm results by the state deadline. 

American Oversight’s litigation forced the county to turn over thousands of pages of public records, including hundreds of communications that had been deleted by the county recorder but were recovered by a forensic specialist as part of the lawsuit. The settlement marks the conclusion of months-long litigation and ensures that critical information is now in the hands of the public.

“Today’s win is a significant victory for transparency and accountability in Cochise County and will serve as a powerful deterrent against future election interference,” said Chioma Chukwu, American Oversight’s interim executive director. “Our message to election deniers and subverters is clear: We’re watching. The people’s right to expose public officials’ wrongdoing isn’t negotiable, and we stand ready to defend it in service of accountability.”

During depositions in August, Crosby and Judd refused to answer any questions, asserting a Fifth Amendment privilege against self-incrimination. American Oversight filed a motion to compel deposition testimony from the two supervisors about whether they had searched their personal devices and accounts for public records, arguing that the Fifth Amendment does not permit a witness in a civil lawsuit to refuse to answer questions when a truthful answer opens no door to self-incrimination.

On Sept. 10, American Oversight provided new evidence in court that Crosby had used his personal cell phone and email account for official business, further supporting the motion to compel Crosby’s and Judd’s deposition testimony. Records received from the personal cell phone and email accounts of Cochise County Recorder David Stevens on Sept. 6 — which had been promised weeks earlier and were missing from previous productions of requested documents — included messages from Crosby’s personal email account regarding the supervisors’ 2022 vote to order a hand count of ballots, as well as texts exchanged on Crosby’s and Stevens’ personal cell phones regarding official county election business.

Background on American Oversight’s Lawsuit in Cochise County

Cochise County has become a hotbed for election denialism in recent years, as officials have promoted false claims about voter fraud and embraced conspiracy theories about voting machines.

Crosby and Judd gained national attention in 2022 after refusing to certify the county’s election results, falsely claiming the tabulators were uncertified. Arizona’s attorney general sued, and a court ordered them to certify. Both were later indicted for felony conspiracy and election interference.

American Oversight submitted public records requests in November 2022 related to election administration changes and the refusal to certify, but after receiving no records, sued in January 2024 to compel their release. A deposition revealed that County Recorder Stevens had deleted relevant records, leading to a forensic search.

Records obtained by American Oversight through the course of the litigation include communications revealing details about Crosby’s and Judd’s push for a hand count, as well as support for the effort from conservative state lawmakers. Election experts warn that hand counts are more costly and prone to error.