Arizona fake electors prosecution hits roadblock as court declines appeal

Screenshot via AZGOP

By Caitlin Sievers | AZ Mirror

The Arizona Court of Appeals on Monday declined to take up Attorney General Kris Mayes’ appeal of a lower court’s decision to send the Arizona fake electors case back to a grand jury. 

In the order, signed by Chief Judge Kent Cattani, the court said the decision was made based on the judges’ discretion. 

In April 2024, an Arizona grand jury indicted 18 people for their involvement in efforts to fraudulently overturn the results of the 2020 presidential election after Democrat Joe Biden won the state by around 10,000 votes. 

All of the fake electors involved in the scheme were indicted, including Arizona Sen. Jake Hoffman, leader of the Arizona Freedom Caucus, former Arizona Sen. Anthony Kern, member of the Arizona Freedom Caucus and Tyler Bowyer, Turning Point USA CEO.

But in May, Maricopa County Superior Court Judge Sam Myers agreed with arguments from attorneys representing the fake electors that prosecutors had failed to disclose the full text of the Electoral Count Act to the members of the grand jury prior to the indictment. Myers ruled that Mayes would have to convene a new grand jury and share the text of the act in its entirety if she wanted to move forward with the case. 

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