Home>Crime>Court Delivers Major Blow to Mayes’ Fake Elector Prosecution

Attorney General Kris Mayes speaking with attendees on the floor of the Arizona House of Representatives on opening day of the 57th legislature in Phoenix, Arizona on Jan 13, 2025. (Photo: Gage Skidmore)

Court Delivers Major Blow to Mayes’ Fake Elector Prosecution

AZ Court of Appeals declines appeal of lower court’s case rejection

By Steve Kirwan, September 23, 2025 10:52 am

Arizona Attorney General Kris Mayes suffered another devastating legal setback this week when the Arizona Court of Appeals declined to hear her appeal in the alternate elector case, effectively forcing the entire prosecution back to square one. The Monday ruling represents the latest in a series of procedural failures that have plagued what many see as a politically motivated prosecution from the start.

The Arizona Court of Appeals refused to overturn a lower court’s decision that sent the case back to the grand jury stage. This means that after more than a year of legal proceedings, the prosecution must essentially restart the entire process. This is a humiliating defeat for Mayes’ office.

The case, which initially resulted in indictments against 18 individuals, including 11 Republican electors, has been marred by major legal blunders by Arizona’s top lawyer.

Perhaps even more troubling than the legal failures has been the mainstream media’s overwhelmingly biased coverage of this case, critics say. From the beginning, major news outlets have uncritically parroted the Attorney General’s characterizations of the Republican electors as “fake electors” without providing proper context about the constitutional and legal precedents for alternate elector slates.

The media narrative has consistently portrayed the case as a clear-cut instance of election interference, adopting the Attorney General’s talking points.

Instead of providing balanced coverage that explored nuances, most media outlets adopted the prosecution’s inflammatory language, referring to the electors as “fake” rather than “alternate.” This terminology risks prejudging the very legal question at issue.

With the case now headed back to the grand jury stage, Arizonans are asking whether it is time to dismiss the case entirely. Arizona GOP says, “With two other states – including Georgia – already dropping similar prosecutions, the Arizona Republican Party is calling on Mayes to follow their lead and stop wasting time and taxpayer resources on partisan lawfare.”

Steve Kirwan
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