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Arizona Appeals Court Declines Mayes’ Appeal, Leaving Fake Electors Case Headed Back to Grand Jury

The decision leaves Judge Sam Myers’ remand intact, requiring prosecutors to restart the charging process before a new grand jury.

Overview

  • The Court of Appeals on Sept. 22 declined to accept Attorney General Kris Mayes’ petition, in an order signed by Presiding Judge Kent Cattani that cited the court’s discretionary review.
  • Maricopa County Judge Sam Myers ruled on May 16 that prosecutors failed to provide grand jurors with the text of the Electoral Count Act, finding a denial of a substantial procedural right.
  • The ruling returns the case to the charging stage and puts the prosecution on uncertain footing after an appeal that had paused proceedings.
  • Mayes can seek review from the Arizona Supreme Court, re-present the case to a grand jury, or drop the prosecution; her office declined to say what step she will take.
  • An April 2024 grand jury indicted 18 people in an alleged plan to send a false slate of Arizona electors to Washington, including Kelli Ward, Sen. Jake Hoffman, Tyler Bowyer, Rudy Giuliani and Mark Meadows.