Kern Slams Mayes over ‘Alternate Electors’ Case

Arizona Democrat Attorney General Kris Mayes’ alternate elector case received a significant blow today from Maricopa County Superior Court Judge Sam Myers. On February 10, 2025, Judge Myers ruled that the defendants in Arizona’s so-called “fake electors” case had presented sufficient evidence to proceed with their motion to dismiss the charges under Arizona’s anti-SLAPP (Strategic Lawsuits Against Public Participation) statute. This law allows for the dismissal of legal actions substantially motivated by a desire to deter or retaliate against the lawful exercise of constitutional, in this case, first-amendment, rights. The defendants, all Republicans, argue that the prosecution, led by Democratic Attorney General Kris Mayes, is politically motivated.

Judge Myers emphasized that his ruling does not dismiss the case but allows the anti-SLAPP motion to proceed. He noted that the defendants’ motions included information suggesting that the charges involve, at least in part, the exercise of their rights to petition and free speech.

President Trump’s former attorney, John Eastman, explained on X:

Major ruling in the Arizona electors case this a.m. The new judge just ruled that I met the prima facie case required to dismiss under the anti-SLAPP statute — that is, 1st Amend. rights implicated, & substantial evid. that the prosecution was to retaliate or deter those rights.

— John Eastman (@DrJohnEastman) February 10, 2025

Mayes issued a statement after the ruling: “We disagree with this ruling, and we will pursue an appeal. It is not the lawful exercise of free speech to file forged slates of electors to deprive Arizona voters of their right to vote.”

The court has given the AG’s office 45 days to demonstrate that clearly established law supports the charges and that she did not intend to deter or retaliate against the defendants’ exercise of their constitutional rights. The case was reassigned to Judge Myers after the previous judge recused himself due to concerns over perceived bias. Upcoming hearings will likely address the various motions, including a request to limit the prosecution’s interactions with the media.

Mayes has been vocal in the press about the State’s commitment to the alternate elector case. Following hearings in August 2024, Mayes addressed motions to dismiss charges, stating: “These motions are a distraction and an attempt to deflect from the facts of this case and muddy the waters in the public eye. et me be clear: the indictments in this case were not politically motivated. hey were the result of a thorough, lengthy, and professional investigation carried out by experienced and dedicated law enforcement officers and prosecutors.”

She emphasized that the indictments resulted from the findings of an independent grand jury and criticized attempts to frame the charges as politically motivated, asserting that such claims “undermine public trust in the judicial process.”

In August 2024, Mayes announced a cooperation agreement with former Trump campaign attorney Jenna Ellis. Ellis agreed to assist prosecutors in exchange for dismissing charges against her. Mayes commented on the significance of this development: “This agreement represents a significant step forward in our case.   am grateful to Ms. Ellis for her cooperation with our investigation and prosecution. er insights are invaluable and will greatly aid the State in proving its case in court.”

Despite the re-election of Donald Trump in November 2024, Mayes affirmed her commitment to pursuing the case. he stated: “A grand jury in the state of Arizona decided that these individuals who engaged in an attempt to overthrow our democracy in 2020 should be held accountable, so we won’t be cowed, we won’t be intimidated.”

The State’s brief is due on March 25. Eastman clarified the legal burden in the following post to X:

AG says they will appeal the ruling. https://t.co/zN7s98Gco2

— John Eastman (@DrJohnEastman) February 10, 2025

Former State Senator and Assembly member and defendant in the case, Anthony Kern (R), responded to the Arizona Globe’s request for a comment. Kern, who lost his primary bid for the CD08 Congressional seat, was highly critical of Mayes. He told us, “Attorney General Kris Mayes has weaponized her office and misused taxpayer resources to go after good people and organizations such as Crisis Pregnancy Centers. he picks and chooses which cases she wants and is biased in everything she does. t is way past time to either impeach her or vote her out of office!”

The Globe will continue monitoring this case and report on updates as they become available.