The investigations into former President Donald Trump and his allies’ attempts to undermine the results of the 2020 election continue to gain strength. The grand juries probing Trump are carrying on their work in Georgia and D.C., with Trump announcing that he received another target letter from Jack Smith over the weekend. Michigan’s attorney general has announced charges against 16 “false electors” in that state. And we’ve learned that another state, Arizona, is also investigating similar alleged attempts to overturn the 2020 election.
The emergence of an inquiry in Arizona holds special significance. The state, along with Georgia, is arguably the epicenter of the election denial movement — led by figures like Kari Lake, who ran for governor in 2022 and remains an influential player in GOP politics, and former state GOP Chair Kelli Ward.
The emergence of an inquiry in Arizona holds special significance.
With this update from the Arizona attorney general’s office, the aperture of potential criminal liability faced by Trump and his acolytes continues to widen.
In the ongoing efforts to examine the actions taken after the 2020 election, state investigations — such as those in Georgia, Michigan and now Arizona — hold special importance in part because they are not subject to federal pardons. Thus, these probes should not face potential federal interference and frustration, regardless of who wins the 2024 election.
It is also vital that Arizona itself fight against the insidious anti-democratic election denialism that has taken root in the state. The rhetoric and activities of the denialists is not simply a threat to the integrity of our political system. Maricopa County election officials and their families have endured threats to their physical safety for years. These officials and others, including former Arizona House Speaker Rusty Bowers, a Republican, have courageously taken on this duty thus far.
Somewhat frustratingly, it’s taken years to get to this point. Fulton County District Attorney Fani Willis began investigating election subversion back in 2021. But the Republican attorney general of Arizona, Mark Brnovich, did not follow suit. It fell to the House Jan. 6 committee and the Department of Justice to take up the fight. And indeed, they revealed the outlines of the fake electors plot in Arizona and other states, and how this scheme connected to the broader Trump-led effort to overturn the election.
As we now know, in December 2020, Arizona Republicans signed documents falsely proclaiming themselves to be electors, awarding Arizona’s electoral votes to Donald Trump. These documents were then “transmitted” to Congress. Trump and his Republican allies sought to use the existence of these fake electors in Arizona, and in other states, to claim that the results in these states were contested and that Congress should throw out the authentic electors in its counting and certification of the election results. While this scheme to subvert democracy failed, thanks in part to the actions of Republicans like Bowers, those who carried it out should be investigated for potential criminal culpability.
According to reports, Arizona’s new attorney general, Kris Mayes, who took office in January, “assigned a team of prosecutors to the case in May, and investigators have contacted many of the pro-Trump electors and their lawyers.” NBC News reports that this includes “direct conversations with legal counsel for multiple people who acted as alternate electors, including former Arizona GOP chair Kelli Ward.”
Jack Smith’s reported actions further indicate the centrality of Arizona to the overall scheme. While the Arizona investigation is not as far along as the federal one led by Jack Smith or Willis’ in Georgia, The Washington Post also reported that, according to its sources, “a prosecutor has inquired about evidence collected by the Justice Department and an Atlanta-area prosecutor for similar probes.” Smith’s team has already interviewed and subpoenaed “about a dozen Arizonans,” according to the Post. The special counsel has also subpoenaed the office of Arizona’s secretary of state, along with other Republican lawmakers in the state. Smith’s reported actions further indicate the centrality of Arizona to the overall scheme. Beyond the possible federal crimes that Smith is pursuing, the alleged activity surrounding the fake electors plot in Arizona could also potentially break state laws like forgery, tampering with a public record, and impersonating a public servant. Any “person who knowingly causes or procures another person to be registered as an elector of any county, city, town, district or precinct” can also face potential prosecution in Arizona. All of these potential violations deserve exhaustive and impartial scrutiny, and that work now appears to be gaining steam. Although Mayes’ investigation may be in an earlier stage than the others, she comes to the task with the benefit of the evidence that has already been uncovered. The investigation now underway is another encouraging sign of the resiliency of pro-democracy forces.
Fred Wertheimer
Fred Wertheimer is president of Democracy 21, a nonpartisan, nonprofit organization that works to strengthen U.S. democracy and empower citizens in the political process.
Joshua Kolb
Joshua Kolb is counsel and manager of Rapid Legal Response at State Democracy Defenders Action. 
