The Arizona Attorney General’s Office will continue to pursue a case against the state’s so-called fake electors, even as former President Donald Trump prepares to re-enter the White House.
An Arizona grand jury indicted 18 individuals for allegedly plotting to undermine President Joe Biden’s victory over Trump in Arizona in 2020, including prominent Trump allies like Rudy Giuliani, Mark Meadows, state Sen. Jake Hoffman and former Arizona Republican Party Chair Kelli Ward
Following Trump’s victory in this year’s presidential election, federal special counsel Jack Smith is reportedly wrapping up an election interference case targeting Trump due to a Justice Department policy against prosecuting a sitting president, according to NPR.
But Arizona Attorney General Kris Mayes said Trump’s victory has no bearing on the case against Arizona’s fake electors.
“I have absolutely no intention of dropping the fake electors case,” Mayes said. “A grand jury determined that 18 individuals violated multiple Arizona laws by engaging in a scheme to overthrow American democracy. Those are serious charges. They are state charges, and they are not affected one bit by Donald Trump's re-election to the presidency.”
Mayes added, “And until the legislature decides that fraud is no longer a crime, conspiracy is no longer a crime, forgery is no longer a crime, this case is going to go forward.”
The ongoing Arizona case won’t directly impact Trump, who was named an unindicted co-conspirator in the alleged scheme. Mayes later revealed her office convinced the grand jury not to indict Trump and dozens of legislators in addition to Hoffman and state Sen. Anthony Kern.
“And so anyone who says that I'm overreaching here should think about the fact that we actually asked this grand jury not to indict the former president and not to indict 30 Republican legislators, because … we did not believe we had the evidence to support those charges,” Mayes said.
Mayes said she did not regret that decision, even though it came when Smith’s federal case was still ongoing.
The Arizona fake electors case has moved slowly as the court considers multiple motions to dismiss the case filed by defendants. The case was expected to go to trial in January 2026 but the timeline is now less clear after the judge in the case recused himself this week after it was revealed he sent emails to colleagues defending Vice President Kamala Harris, who was the Democratic presidential nominee.
