Arizona Judge Weighs Free Speech Defense for Fake Electors

In a significant legal development, two defendants associated with Arizona’s so-called “fake electors” scheme achieved a court victory on Monday. A judge ruled that their motion to dismiss criminal charges could proceed under Arizona’s law aimed at preventing politically motivated prosecutions.

Former state lawmaker Anthony Kern and Mark Meadows, Donald Trump’s chief of staff in 2020, are at the center of this case. They argue that the prosecution violates Arizona’s anti-SLAPP (Strategic Lawsuit Against Public Participation) law. This law is designed to protect citizens from being sued for exercising their First Amendment rights.

The case involves allegations of fraud against 16 individuals who purportedly signed and submitted false documents claiming that Trump won Arizona in the 2020 presidential election. Two of the charged individuals have already pleaded guilty, while the remaining defendants assert that their actions constituted a legitimate expression of their rights to petition the government.

Judge Sam Myers of the Maricopa County Superior Court indicated that the defendants met the requisite burden to argue for their dismissal motion. However, he clarified that he had not yet decided whether the case should be dismissed entirely, leaving room for the Arizona Attorney General’s Office to respond.

Attorney General Kris Mayes announced plans to appeal the judge’s decision. She asserted that filing forged elector slates fundamentally undermines voters’ rights, characterizing it as an unlawful exercise of free speech.

Arizona’s anti-SLAPP law was expanded in 2022 to encompass criminal prosecutions, as more cases emerged regarding individuals involved in efforts to challenge the election results. Such laws are generally designed to shield free speech from retaliatory litigation.

Following the ruling, Kern expressed his approval via social media, claiming it was “Good news for Arizona!” Anticipation grows for the case, which may proceed to trial by January 2026. Notable developments have included former Trump attorney Jenna Ellis agreeing to cooperate with prosecutors, while local GOP activist Lorraine Pellegrino has pleaded guilty.

Currently, Mayes’ case stands out amid a landscape where many other related cases have been dropped following the prior election. The indictment involves several prominent figures, including:

Kelli Ward, former chair of the Arizona Republican Party; Jake Hoffman, Arizona State Senator; and Tyler Bowyer, CEO of Turning Point USA.

Others implicated include former Trump staffers Rudy Giuliani, Christina Bobb, and John Eastman, among others associated with the Trump campaign.