Arizona Attorney General Kris Mayes is taking the state’s high-profile fake electors case to the Arizona Supreme Court, choosing to appeal a September Court of Appeals ruling that would have sent the matter back to a grand jury.
Mayes faced a deadline Friday to decide whether to dismiss the case, present evidence to a new grand jury or pursue an appeal. She opted for the latter, saying her office intends to keep the charges intact and continue prosecuting the case.
The dispute stems from a December 2020 meeting in which 11 Arizona Republicans signed documents falsely declaring themselves the state’s “duly elected and qualified” presidential electors, despite President Joe Biden having won Arizona by more than 10,000 votes. The event was one of several similar gatherings organized by Republicans in battleground states.
In April 2024, a grand jury indicted those 11 individuals along with seven additional defendants — including Rudy Giuliani and former White House Chief of Staff Mark Meadows — on conspiracy, fraud and forgery charges. Most have pleaded not guilty; two cases have since been resolved through dropped charges or plea agreements.
Although former President Donald Trump issued pardons earlier this month to all 18 defendants, those pardons apply only to potential federal crimes, not state-level charges. As a result, the Arizona case remains active.
Mayes has argued that the state has an obligation to pursue the case, characterizing the actions in question as an effort to overturn election results and undermine constitutional processes. The Arizona Supreme Court will now determine how the case proceeds.
A recent Arizona judicial brief offers additional background on the appeals process and next procedural steps.
