A judge dismissed Arizona's fake electors case. But Mayes can still refile charges

A Maricopa County judge granted Arizona Attorney General Kris Mayes’ request to dismiss her prosecution of the state's so-called fake electors, but gave her permission to refile charges against the defendants in the future.

In 2024, an Arizona grand jury indicted over a dozen elected officials, former state party leaders and other Republicans, for allegedly trying to undermine Democrat Joe Biden’s victory over President Donald Trump in the state’s 2020 presidential election.

But, after years of litigation, the Attorney General’s Office in June asked Judge Sam Myers to dismiss the case after Myers sent that original indictment back to the grand jury. Myers made that decision after finding prosecutors failed to adequately explain a federal law that the defendants say gave them a legal pathway to challenge Biden’s victory.

At the time, the Attorney General’s Office indicated it would continue prosecuting the case, but could not do so within a 15-day deadline to go back before the state grand jury.

“This case is complex and will require substantial presentation of evidence and time to accommodate Defendants’ requests to testify and present evidence,” Nick Klingerman, Mayes’ criminal division chief, wrote in a court filing.

Instead, Klingerman asked Myers to dismiss the case “without prejudice,” which gives the prosecutors the opportunity to refile charges.

On Aug. 7, Myers approved that request and denied a motion filed by attorneys for former Trump attorney John Eastman, which asked him to dismiss the case and bar prosecutors from refiling charges.

“Defendants have cited, among other factors, the passage of time, the amount of money spent, the stress caused to the Defendants, fundamental fairness, and the interests of justice,” Myers wrote. “While the Court does not discount the significance of those circumstances, the Court finds that the interests of justice do not require a dismissal with prejudice.”

Myers also declined to rule on other motions by the defendants, including a request to dismiss the charges under Arizona’s anti-SLAPP law, which bars baseless prosecutions designed to silence political opponents.

Those motions “are mooted” by the decision to dismiss the case, he wrote.

Richie Taylor, a spokesman for Mayes, said he had no updates on when the Attorney General’s Office plans to refile charges or seek a new indictment.

The development comes as Mayes is seeking re-election against Republican Warren Petersen, who has accused Mayes of engaging in “lawfare,” or retaliatory prosecutions against political opponents.