​Appeals Court Judge In 2020 ‘Alternate’ Electors Case Donated To Attorney General Mayes

​Appeals Court Judge In 2020 ‘Alternate’ Electors Case Donated To Attorney General Mayes

by | Mar 28, 2025 | News

By Staff Reporter |

The Arizona Court of Appeals judge in the “alternate electors” case donated to Attorney General Mayes when she was campaigning on prosecuting President Donald Trump’s 2020 electors. 

On Wednesday, the day after Attorney General Kris Mayes asked the court to reject the lower court’s ruling, the appeals court held oral arguments in the alternate electors case.

The appeals court judge on the case, Andrew Jacobs, was appointed by Governor Katie Hobbs in February 2023. Jacobs donated $500 to Mayes’ campaign for the office in 2022. At the time, Jacobs was an attorney with Snell and Wilmer. 

Several days after Mayes promised publicly to investigate the 2020 electors, Jacobs submitted his first donation to her campaign. 

“I would have immediately investigated the alternate electors as Attorney General,” said Mayes. “Arizona needs a #LawyerForthePeople.”

Jacobs submitted his second donation to Mayes’ campaign the day after an Arizona Republic article emerged highlighting the differences between her and then-opponent (now congressman) Abe Hamadeh. 

A source that observed the emergency hearing described Jacobs as “hostile” to the electors. During oral arguments, the conflict of interest was raised, however, Jacbos still voted on an issue in the case, the decision to grant a stay.

Last month, Maricopa County Judge Sam Myers ruled the 2020 electors, 16 in total, provided sufficient evidence that Mayes’ case against them may be dismissable for violating Arizona’s Anti-SLAPP law.

Anti-SLAPP, or “strategic lawsuits against public participation,” imposes civil liability against any state actor that brings or maintains a legal action substantially motivated by a desire to deter, retaliation against, or prevent free speech and association. 

Myers said the 2020 electors demonstrated their actions to comprise “at least in part some arguably lawful speech.” Myers cited Mayes’ remarks announcing the indictments as potential proof of a political motivation behind her prosecution. 

Mayes disagreed with the ruling. The attorney general said the 2020 creation of an alternate elector slate didn’t constitute free speech and shouldn’t be afforded constitutional protections. 

“It is not the lawful exercise of free speech to file forged slates of electors to deprive Arizona voters of their right to vote,” said Mayes. 

In order to counter Myers’ ruling, Mayes had to prove in a brief due earlier this week that she wasn’t motivated by a desire to retaliate or deter the 2020 electors’ free speech rights.

The outcome of that motion to dismiss the case remains pending. 

Myers did deny motions to dismiss Mayes’ case last week, however. The motions claimed Mayes lacked authority to bring the case to court and failed to allege crimes committed. 

Last November, the first judge on the case, Bruce Cohen, recused himself after emails emerged in which he ordered his fellow judges to come to the defense of then-presidential candidate Kamala Harris. 

The defendants in the case include former AZGOP Chair Dr. Kelli Ward, Dr. Michael Ward, former executive director of the AZGOP Greg Safsten, former Arizona State Senator Anthony Kern, former Senate Candidate Jim Lamon, former Cochise County Republican Committee chair Robert Montgomery, former Cochise County Republican Committee chair Samuel Moorhead, Arizona State Senator Jake Hoffman, Turning Point USA COO Tyler Bowyer, and attorneys John Eastman, Rudy Giuliani, Christina Bobb, as well as President Trump’s Chief of Staff Mark Meadows, Campaign Aide Boris Epshteyn, and director of Election Day operations Mike Roman.

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Arizona Judge Rules Anti-SLAPP Challenge Can Move Forward In Alternate Electors Case

Arizona Judge Rules Anti-SLAPP Challenge Can Move Forward In Alternate Electors Case

by | Feb 15, 2025 | News

By Matthew Holloway |

The 16 prominent Republicans prosecuted for their participation in creating an alternate Electoral College slate for the 2020 presidential election are one step closer to having their charges dismissed. Earlier this week, a Maricopa County Judge ruled that Attorney General Mayes may have been politically motivated to charge them.

On Monday, Maricopa County Judge Sam Myers ruled that the defendants successfully demonstrated that the charges against them could comprise an attack on what he deemed is “at least in part some arguably lawful speech.” This ruling could trigger a dismissal through Arizona’s Anti-SLAPP law, a statute designed to prevent legal action launched to suppress free speech. In the text of Arizona’s Anti-SLAPP law, the prosecution must now establish “the legal action on which the motion is based is justified by clearly established law and that the responding party did not act in order to deter, prevent or retaliate against the moving party’s exercise of constitutional rights.” As reported by Courthouse News, Judge Myers said that a statement from Arizona Democratic Attorney General Kris Mayes, while announcing the indictment of the 16 Republicans that “this should never happen again,” could potentially show a political motivation to the prosecution.

As the outlet noted, Arizona prosecutors led by Mayes, have 45 days from the date of the ruling to respond to the judge’s ruling and prove to the court that the charges were brought in order to enforce existing Arizona laws and not to suppress the freedom of speech under the First Amendment. Myers said he will rule on the motion to dismiss once he’s received and considered the response. Responding to the ruling, Mayes promised an appeal in a press release saying, “We disagree with this ruling, and we will pursue an appeal.” She reiterated her claim adding, “It is not the lawful exercise of free speech to file forged slates of electors to deprive Arizona voters of their right to vote.”

The defendants in the case include former AZGOP Chair Dr. Kelli Ward, Dr. Michael Ward, former executive director of the AZGOP Greg Safsten, former Arizona State Senator Anthony Kern, former Senate Candidate Jim Lamon, former Cochise County Republican Committee chair Robert Montgomery, former Cochise County Republican Committee chair Samuel Moorhead, Arizona State Senator Jake Hoffman, Turning Point USA COO Tyler Bowyer, and attorneys John Eastman, Rudy Giuliani, Christina Bobb, as well as President Trump’s Chief of Staff Mark Meadows, Campaign Aide Boris Epshteyn, and director of Election Day operations Mike Roman.

Following the ruling, Eastman posted to X, “Major ruling in the Arizona electors case this a.m. The new judge just ruled that I met the prima facie case required to dismiss under the anti-SLAPP statute — that is, 1st Amend. rights implicated, & substantial evid. that the prosecution was to retaliate or deter those rights.”

Eastman added, “Just to clarify. The AG now has to prove that she wasn’t motivated by desire to retaliate or deter 1A rights. Their brief is due March 25. The judge also rejected the AG’s claim that the anti-SLAPP statute is unconstitutional.”

Fellow defendant Dr. Kelli Ward explained on X, “The court found sufficient showing in the defense’s arguments to warrant moving to stage 2 of the process in AZ’s criminal anti-slapp statute. Now the state has to prove that this case was not politically motivated and they must show that they’re using established precedent and not interpreting the law in new ways.”

Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.