The Arizona supreme court has denied a prosecutor’s appeal of an order that the state’s fake elector case against Donald Trump’s former chief of staff Mark Meadows, the former New York City mayor Rudy Giuliani and others over the 2020 presidential election be sent back to a grand jury.
The decision marks another setback for the state’s Democratic attorney general, Kris Mayes, as she struggles to push the sprawling case through the courts. Mayes’s office said it will again present the case in its entirety to a grand jury rather than end the prosecution.
The ruling came after similar cases in Michigan and Georgia were dismissed by the courts and a special prosecutor dropped a federal case in late 2024 that charged Trump with conspiring to overturn the 2020 election. Cases related to the fake elector scheme remain in Arizona, Nevada and Wisconsin.
A lower-court judge in Phoenix concluded in May that the case’s first grand jury hadn’t been shown the text of the Electoral Count Act, a 19th-century law that governs the certification of presidential contests and was invoked by those charged in defending themselves.
Defense lawyers argued the law allowed for multiple slates of electors to be submitted to Congress in case the results were disputed, though it was amended in 2022 to specify that a state could put forward only one slate of electors and that it was the governor who would sign off.
There has been no movement in the Arizona case at the trial court level since mid-May.
Joe Biden won Arizona in 2020 by 10,457 votes.
