AZ appeals court denies bid to revive 'fake electors' case
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Left: Arizona Attorney General Kris Mayes takes a moment during an interview with The Associated Press on Thursday, November 21, 2024, in Philadelphia. (AP Photo/Matt Slocum). Right: Dr. Kelli Ward, then head of the Arizona Republican Party, addresses a press conference at the Maricopa County Elections Department on Wednesday, November 18, 2020, in Phoenix. (AP Photo/Ross D. Franklin). Inset: President Donald Trump engages in a session of the G7 Summit on Monday, June 16, 2025, in Kananaskis, Canada. (AP Photo/Mark Schiefelbein).

An appeals court in Arizona has refused to consider Attorney General Kris Mayes’ request to reinstate charges against 18 individuals accused of falsely asserting that President Donald Trump won the state in the 2020 election.

In a brief decision handed down on Monday, Chief Judge Kent Cattani announced that the court “declines to accept jurisdiction” of her appeal, exercising its own “discretion” in the matter.

Back in April 2024, an Arizona grand jury charged 18 individuals with allegedly deploying “fake electors” to wrongfully certify Trump’s victory over his rival, Joe Biden, in the state. Notable figures, including Rudy Giuliani, Mark Meadows, and former Arizona GOP Chair Kelli Ward, were among those charged.

The legal proceedings faced an obstacle when Maricopa County Superior Court Judge Sam Myers pointed out that prosecutors had not provided the grand jury with the complete text of the Electoral Count Act. This Act outlines the process for counting electoral votes in presidential elections.

Due to the judge’s ruling, the attorney general needed to either organize a new grand jury or pursue an appeal. She opted for the latter, which resulted in Monday’s decision. Now, she faces the choice of convening a new grand jury or appealing to the Arizona Supreme Court.

But Mayes is also in the midst of a reelection battle. And her adversaries were quick to celebrate her petition’s defeat.

“Arizona families deserve an Attorney General who prosecutes criminals, not political opponents,” current Arizona GOP Chairwoman Gina Swoboda said. “Five years later, Kris Mayes is still fixated on 2020 while violent crime, fentanyl trafficking, and border chaos threaten our communities every single day. This obsession is not justice – it’s politics.”

“It’s time for Kris Mayes to move on and put Arizona first,” Swoboda added.

Mayes has denied any partisan motivation, with her office saying last year that the case “is rooted solely in pursuing justice and upholding the rule of law.”

The “fake electors” case was not without its share of drama, as it continued against the backdrop of a new presidential campaign and election last year.

One indicted woman, Republican activist Lorraine Pellegrino, pleaded guilty to a single misdemeanor charge of filing a false instrument. She said she advanced phony certificates declaring Trump won because she wanted to spend her “golden years becoming more active in the political process.”

Jenna Ellis, crying in court after pleading guilty.

Jenna Ellis speaks with her attorney Franklin Hogue after Ellis pleaded guilty to a felony count of aiding and abetting false statements and writings, Oct. 24, 2023 (AP Photo/John Bazemore, Pool, File).

Another woman, former Trump campaign attorney Jenna Ellis, agreed to cooperate against other defendants in the “fake electors” case.

Months later, a defendant in the case filed a motion to disqualify then-Maricopa County Superior Court Judge Bruce Cohen, arguing he had an anti-Trump bias.

Cohen ended up recusing himself from the case, and Myers took his place, deciding that the indictment, as it was constructed, could not move forward.

The majority of those indicted in the state’s “fake electors” case have maintained their innocence and pleaded not guilty. Other states have filed similar charges against people for allegedly trying to overturn the 2020 election, including Georgia, where Trump himself was charged. That case has been left largely in limbo after Trump’s election win last November.

The Arizona Attorney General’s Office declined to comment when contacted by Law&Crime.

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