PHOENIX – The Arizona Supreme Court has denied a prosecutor’s appeal of an order that the state’s fake elector case against President Donald Trump’s former chief of staff Mark Meadows, former New York City Mayor Rudy Giuliani and others over the 2020 presidential election be sent back to a grand jury.
The decision released Thursday marks another setback for Democratic Attorney General Kris Mayes as she struggles to push the sprawling case through the courts. Mayes’ office said it will again present the case in its entirety to a grand jury rather than end the prosecution. Her office declined to comment further on the court's decision.
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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. Mark L. Williams, an attorney representing Giuliani, applauded the court’s decision and questioned whether Mayes’ office will carry through on its promise to bring the case back to the grand jury. “In my mind, the whole thing is meritless," Williams said. "Mr. Giuliani has done nothing wrong.” There has been no movement in the Arizona case at the trial court level since mid-May 2025.
Former President Joe Biden won Arizona in 2020 by 10,457 votes.
The state attorney general has faced steep challenges in making her case.
It was filed nearly three and a half years after the 2020 election and levels complicated conspiracy charges against 18 defendants. A dozen dismissal requests filed by defense attorneys have slowed down the case’s pace.
The first judge on the case recused himself in late 2024 after an email surfaced in which he told fellow judges to speak out against attacks on Kamala Harris’ campaign for the presidency. The next judge ordered the case to be sent back to a grand jury.
Of the 18 Arizona defendants, two were former Trump aides, five were lawyers working for Trump and 11 were Republicans who submitted a document falsely claiming Trump won Arizona.
Three defendants have resolved their cases, including one who pleaded guilty to a misdemeanor charge.
The rest have pleaded not guilty to conspiracy, fraud and forgery charges. Some said they signed the certificate in case Trump won court challenges and a new slate of electors was needed urgently before Congress’ Jan. 6 deadline to tally votes.