Can officials be punished for refusing to certify?
Officials who refuse to certify can face criminal charges, court penalties, and federal prosecution.
Yes, officials can be punished for refusing to certify election results. State laws make refusal to perform election duties a crime, and officials can face felony charges. Courts can also hold them in contempt, with fines or imprisonment, and federal law permits prosecution for willfully depriving voters of their rights.
State criminal penalties
In Arizona, an election officer who knowingly refuses to perform a duty required by election law is guilty of a class 6 felony under A.R.S. 16-1010. After Cochise County delayed certifying its 2022 election, two supervisors were indicted in November 2023 on two class 5 felony counts, interference with an election officer and conspiracy.
On October 21, 2024, one of them pleaded guilty to one count of failure or refusal to perform a duty by an election officer, a class 3 misdemeanor, and received 90 days of unsupervised probation and a fine of up to 500 dollars.
Court contempt
An official who defies a court order to certify can be held in contempt of court, according to Protect Democracy. Penalties can include fines or imprisonment.
Federal prosecution
Under federal law, 52 U.S.C. 10307(a) makes it unlawful for anyone acting under color of law to willfully fail or refuse to tabulate, count and report a lawful voter's vote. 18 U.S.C. 242 permits prosecution of an official who, under color of law, willfully deprives a person of a federal right.
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See all the questionsFrequently asked questions
Q. Can election officials be punished for refusing to certify election results?
Yes. In Arizona, an election officer who knowingly refuses to perform a duty required by election law is guilty of a class 6 felony. After Cochise County delayed certifying its 2022 election, two supervisors were indicted on felony counts. One pleaded guilty to a misdemeanor and received 90 days of unsupervised probation and a fine of up to 500 dollars.
Sources
- A.R.S. 16-1010, azleg.gov, https://www.azleg.gov/ars/16/01010.htm · 2026-09-26