Petersen Blasts Mayes for Wasteful Electors Case Appeal

Attorney General Kris Mayes announced she will appeal to the Arizona Supreme Court in State of Arizona v. Ward et al., keeping the electors case active after a lower court ordered the indictment returned to a grand jury because of procedural defects.

The April 2024 indictment against Arizona’s 2020 alternate electors was vacated earlier this year when a Maricopa County Superior Court judge determined that the Attorney General’s Office failed to provide the grand jury with the full text of the federal Electoral Count Act. The Court ruled that the omission violated a substantial procedural right and remanded the case.

With the remand in place, prosecutors were required to either re-present the case to a grand jury or appeal. Mayes’ decision confirms the state will pursue review rather than seek a new indictment at this stage.

In a written statement issued Friday, the Attorney General said, “As Arizona’s top law enforcement officer and top prosecutor, it’s my job to uphold the law and protect Arizonans. An independent grand jury of ordinary Arizonans found that there was sufficient cause to charge the defendants with the alleged crimes. These defendants were charged based on two things: the facts and the law. We remain squarely focused on ensuring the defendants are held accountable because there is nothing more important than enforcing the rule of law.”

Mayes’ office said a copy of the filing with the Supreme Court “will be sent shortly.”

The 11 defendants — residents who signed documents claiming Arizona’s electoral votes for Donald Trump in 2020 — remain under active criminal exposure for charges including conspiracy, forgery, and fraudulent schemes. The appeal pauses further grand-jury proceedings while the Supreme Court decides whether to accept jurisdiction.

Senate President Warren Petersen, who is running for Attorney General in 2026, responded to Mayes’ announcement:

“Mayes is insistent on wasting more taxpayer dollars after an embarrassing loss at the Court of Appeals.”

If the Arizona Supreme Court accepts review, briefing could continue through 2026. If the Court declines, the case would return to the lower Court, where prosecutors would have to decide whether to re-present it to a grand jury.

For now, the electors who have lost so much remain in limbo.