A bill moving through the state Legislature would expand existing protections for Arizonans from politically motivated prosecutions and could provide new recourse for the so-called “fake electors” who stand accused of trying to undermine the results of the 2020 presidential election.
House Bill 2633, sponsored by Rep. Alexander Kolodin (R-Scottsdale), would expand the state’s anti-SLAPP law, which is designed to protect Arizonans who criticize the government or public officials by providing a way to dismiss cases if there is evidence the prosecution was politically motivated and designed to stifle free speech.
Kolodin wants to add religious and political expression to the list of protected acts under the law and makes government agencies liable for potential damages if a jury finds a prosecution was motivated by “a desire to deter, retaliate against or prevent” someone from expressing those views.
The bill would also give individuals already convicted of a crime the chance to seek post-conviction relief, or have their conviction set aside after the fact.
It’s not the first time lawmakers have sought to expand anti-SLAPP protections since former Democratic Gov. Janet Napolitano signed it into law in 2006. In 2022, Republican lawmakers expanded anti-SLAPP protections to criminal prosecutions.
Arizona’s “fake electors” — the collection of Republican officials and party members who fraudulently claimed President Trump defeated former President Joe Biden in Arizona in 2020 — cited that expanded law last summer in a motion to dismiss the criminal case filed against them by Attorney General Kris Mayes. That motion is still pending.
But Kolodin, a vocal Trump supporter, insists this latest effort isn’t politically motivated, even though his bill passed out of the House Judiciary Committee on a party-line vote.
“There's plenty of stuff to worry about, but we should never have to worry that if we speak up against the government, they're going to come after us,” Kolodin said.
He said the expansion is needed to protect the fundamental rights of Arizonans of all political stripes from infringement by the state government.
“It's totally and completely unacceptable,” Kolodin said. “It's unacceptable when it happens to Republicans, and it is unacceptable when it happens to Democrats.”
But the new law could impact Arizona’s fake electors case, potentially giving recourse to the defendants to sue the Attorney General’s Office or obtain post-conviction relief if they are eventually convicted of a crime.
“The fact that this would be a way to be used by those that are fake electors and have gone through our system, I am opposed,” said Rep. Alma Hernandez (D-Tucson).
However, the bill did find some support across the political spectrum.
Both Shelby Busch, first vice chair of the Maricopa County Republican Committee, and Katie Gipson-McLean, with Arizona Attorneys for Criminal Justice, spoke in favor of the measure.
Gipson-McLean cited the case of Ryder Collins, a Prescott nurse who was arrested during racial justice protests in Phoenix in 2020 and faced gang-related charges filed by the Maricopa County Attorney's Office. Critics called the charges politically motivated, and Collins didn’t even participate in the protest, according to ABC 15.
Gipson-McLean said the charges against Collins were eventually dropped but that Kolodin’s bill could provide much-needed recourse for individuals who find themselves in a similar situation.
“This bill could help clients that we work with in ACJ in pursuing post-conviction relief and in ways they wouldn't normally have available to them right now,” she said.
Both the Arizona Attorney General’s Office and Maricopa County Attorney’s Office oppose Kolodin’s bill.
“The Attorney General’s Office opposes HB 2633 because it would severely disrupt the ability of prosecutorial agencies to do their work by opening the door to frivolous lawsuits — even after a defendant has been convicted beyond a reasonable doubt,” said Richie Taylor, a spokesman for the attorney general.
The bill would allow a person to sue a prosecuting agency like the attorney general within four years, even if the person was convicted by jury of a crime. Kolodin did agree to amend the bill to provide greater protections for individual agency employees or officials accused of violating the anti-SLAPP law.
A spokesperson for the Maricopa County Attorney's Office said the bill "has several flaws," but did not specify which parts of the legislation the office would like to see changed.
"We hope to be in communication with the bill’s sponsor to see if there is a way to address our concerns," spokesperson Jeanine L'Ecuyer said.
