The Maricopa County Attorney's Office has determined that Peoria Councilmember Jennifer Crawford's seat is not vacant under state law but has kicked the football back to the city.
Maricopa County Attorney Rachel Mitchell acknowledged that her office's investigation was limited to whether Crawford resided in the city, not in her district.
"I am aware that Peoria has chosen to elect councilmembers not at large, but from districts," Mitchell told Crawford in an Oct. 5 letter obtained by The Arizona Republic. "Determining whether a councilmember resides within a district is outside of my authority."
Now, the issue is back in the city's hands. Mitchell told Crawford that if she wants to determine whether she lives in her district, she should contact
the Peoria City Attorney.
Peoria leaders are expected to have a legal discussion behind closed doors about the matter ahead of their Oct. 6 meeting.
Arizona law says a councilmember's seat is considered vacated if the councilmember is no longer a registered voter in their city or ceases to reside in their city. Under the law, the County Attorney's Office could be requested to "investigate and determine whether a vacancy exists."
Peoria's charter goes further than the state law, requiring council candidates and councilmembers to reside in their district. Crawford, who was elected in 2022, represents the southeastern region known as the Acacia District. She's running for reelection in the upcoming general election and faces a write-in challenger.
Crawford asked Mitchell to review whether she still lived in Acacia, after residents, based on property records, accused her of no longer living in her district. She recently sold her Acacia District home, and property and business records tie her to a home in northern Peoria in the city's Willow District.
Crawford has not answered direct questions about the matter. She publicly acknowledged what property records show, but said that changed nothing about her residency. She has refused to say where in Acacia she lives, citing fears for her and her family's safety.
From the beginning, Peoria said state law has supremacy in this case, and it was clear that the county attorney could review whether there's a vacancy.
"Because I take the requirements of elected office seriously, I would like to obtain an independent legal evaluation based on the applicable Arizona law and the facts and documentation concerning my residency," Crawford told Mitchell in a Sept. 15 email obtained by The Republic.
Crawford told Mitchell she was prepared to provide documentation, including property records, lease documentation and other relevant records to show she has maintained residency in her district.
Elena Santa Cruz covers the West Valley cities of Glendale, Surprise and Peoria. Reach her at elena.santacruz@arizonarepublic.com or follow her on X @ecsantacruz3.
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This article originally appeared on Arizona Republic: MCAO ends Peoria candidate probe as questions linger
