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Arizona·June 6, 2026·3 min read
Mariam DelgadoBy Mariam Delgado

Arizona Supreme Court declines to hear appeal in 2020 'fake electors' case, sending prosecution back to square one

The Arizona Supreme Court refused to take up an appeal in the state's prosecution tied to efforts to overturn the 2020 presidential election. By passing on the case, the high court left in place a prior appellate court ruling and effectively returned the matter to the beginning of state-court proceedings.

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The Arizona Supreme Court on Thursday declined to hear an appeal in the high-profile criminal case connected to efforts to alter the outcome of the 2020 presidential election, a decision that significantly alters the path of the prosecution. By choosing not to take the matter, the state’s highest court left intact a prior ruling by an intermediate appellate court and sent the case back to its starting point within the state court system.

Attorney General Kris Mayes brought the case, which accuses participants of taking part in an alleged criminal plot tied to the 2020 election. The high court’s refusal to review the appeal means the legal fight will no longer proceed through that avenue of the appeals process immediately and instead returns to the lower-court posture it occupied before the appellate decision.

A public official speaks at a podium with an American flag in the background during a news briefing after the Arizona Supreme Court declined to hear the appeal in the 2020 ‘fake electors’ case.A public official speaks at a podium with an American flag in the background during a news briefing after the Arizona Supreme Court declined to hear the appeal in the 2020 ‘fake electors’ case.

Legal observers described the Supreme Court’s move as a major development for the prosecutors who have pursued the case. The court’s inaction effectively allows the earlier appellate ruling to remain operative. That outcome changes the legal landscape and requires the parties to recalibrate their next procedural steps within the trial court, where the case now returns.

What it means in practical terms is that the matter will proceed from the point at which it was when the appellate court issued its decision. Any interim actions taken while the appeal was pending — including pauses to pretrial activity, case-management scheduling, or stays of proceedings — will have to be revisited under the trial-court framework now that the high court is no longer reviewing the legal questions raised on appeal.

For prosecutors, the ruling represents a significant procedural setback because it removes one route for upholding or revising the appellate court’s determination. For defense lawyers, the Supreme Court’s refusal to hear the appeal preserves the appellate outcome that they had sought and returns their clients to the lower-court process where they can press pretrial defenses and other motions consistent with the trial-court docket.

The path forward in the trial court will be governed by ordinary state-court procedures. That can include renewed scheduling of hearings, setting deadlines for any outstanding pretrial motions, and addressing discovery matters. The case will move according to the trial court’s calendar and rules governing motions, filings and evidentiary processes, rather than through further immediate appellate action at the state’s highest level.

The decision closes one chapter of a legal contest that has drawn sustained public attention since it was lodged with prosecutors. With the Supreme Court declining to intervene, the focus shifts back to the trial-court arena where the state’s next filings and the defense’s responses will determine the pace of the prosecution going forward. The immediate consequence is a reset of the litigation to the starting position left by the appellate ruling, placing on the parties the task of taking the next procedural steps mandated by the trial court.

The state’s prosecution had centered on allegations that a coordinated effort sought to alter the outcome of the 2020 election in Arizona. The Supreme Court’s decision not to take the appeal does not itself resolve those allegations on the merits; it simply removes the high court from the current phase of litigation and leaves the earlier appellate decision in place as the governing appellate precedent. From here, the substantive course of the case will be shaped by filings and rulings at the trial-court level rather than by action from the state’s highest bench.

As the case returns to the trial court, the immediate administrative steps — scheduling conferences, case-management orders and any outstanding pretrial motions — will determine how quickly substantive proceedings resume. The parties will now have to work within the trial court’s schedule to seek rulings on any remaining legal questions, compile and exchange evidence as required, and prepare for whatever next steps the court orders on the record.

With the Supreme Court’s choice to stay out of the matter, both the prosecution and defense confront the practical task of carrying the case forward from the point set by the appellate ruling. The legal contest will continue in the state trial court, where judges and counsel will take up the procedural and substantive matters necessary to move the case along the next steps of the criminal-justice process.

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