KRISTIN K.

MAYES
Attorney General
Firm Bar No. 14000

NICHOLAS KLINGERMAN
State Bar No. 028231
Assistant Attorney General
2005 N. Central Avenue
Phoenix, Arizona 85004
Telephone 602-542-3881
crmfra ud@ azag.gov

Attorneys for Plaintiff

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF MARICOPA

STATE OF ARIZONA,

Plaintiff, 93 SGJ 81

v. INDICTMENT

KELLI WARD (001}, CHARGING VIOLATIONS OF:

Counts 1-9
COUNT 1: CONSPIRACY, a Class 2 Felony,
TYLER BOWYER (002}, in violation of A.R.S. § 13-1003
Counts 1-9
COUNT 2: FRAUDULENT SCHEMES AND
NANCY COTTLE (003}, ARTIFICES, a Class 2 Felony, in violation
Counts 1-9 of A.R.S. §13-2310(A)

JACOB HOFFMAN (004}, COUNT 3: FRAUDULENT SCHEMES AND

Counts 1-9 PRACTICES, a Class 5 Felony, in violation
of A.R.S. § 13-2311
ANTHONY KERN (005},
Counts 1-9

1
JAMES LAMON (006), COUNTS 4-9: FORGERY, Class 4 Felonies,
Counts 1-9 in violation of A.R.S. § 13-2002(A)

ROBERT MONTGOMERY (007),

Counts 1-9

SAMUEL MOORHEAD (008),

Counts 1-9

LORRAINE PELLEGRINO (009),

Counts 1-9

GREGORY SAFSTEN (010),

Counts 1-9

MICHAEL WARD (011),

Counts 1-9

2
 Defendants.

The 93rd State Grand Jury accuses KELLI WARD (001), TYLER BOWYER (002),

NANCY COTTLE (003), JACOB HOFFMAN (004), ANTHONY KERN (005), JAMES

LAMON (006), ROBERT MONTGOMERY (007), SAMUEL MOORHEAD (008),

LORRAINE PELLEGRINO (009), GREGORY SAFSTEN (010), MICHAEL WARD (011),

charging on this 23rd day of April, 2024, that in or from

Maricopa County, Arizona:

I. CHARGES.

COUNT 1
CONSPIRACY, A CLASS TWO FELONY

From on or about November 3, 2020 and continuing through on or about

January 6, 2021, KELLI WARD (001), TYLER BOWYER (002), NANCY COTTLE (003),

JACOB HOFFMAN (004), ANTHONY KERN (005), JAMES LAMON (006), ROBERT

MONTGOMERY (007), SAMUEL MOORHEAD (008), LORRAINE PELLEGRINO (009),

GREGORY SAFSTEN (010), MICHAEL WARD (011),

3
 with the

intent to promote or aid in the commission of an offense, agreed with one and/or

more persons KNOWN and/or UNKNOWN, that at least one of them or another

person would engage in conduct constituting one or more of the following

offenses, in particular:

1) FRAUDULENT SCHEMES AND ARTIFICES, in violation of A.R.S. §

13-2310{A);

2) FRAUDULENT SCHEMES AND PRACTICES, in violation of A.R.S. §

13-2311{A);

3) FORGERY, in violation of A.R.S. § 13-2002{A){1) & {A){3);

4) CHANGING VOTE OF ELECTOR BY CORRUPT MEANS OR

INDUCEMENT, in violation of A.R.S. § 16-1006{A){3);

5) TAMPERING WITH A PUBLIC RECORD, in violation A.R.S. § 13-

2407{A){3);

6) PRESENTMENT OF FALSE INSTRUMENT FOR FILING, in violation

of A.R.S. § 39-161.

In furtherance of this conspiracy and to effect the foregoing objects thereof,

KELLI WARD {001), TYLER BOWYER {002), NANCY COTTLE {003), JACOB

HOFFMAN {004), ANTHONY KERN (005), JAMES LAMON {006), ROBERT

MONTGOMERY (007), SAMUEL MOORHEAD {008), LORRAINE PELLEGRINO (009),

4
GREGORY SAFSTEN (010), MICHAEL WARD (011),

and their co-

conspirators did commit one or more of the following overt acts, including but not

limited to: the overt acts described in Counts 2 through 9, and Section II of this

Indictment (which is incorporated herein by reference as if set forth in full), in

violation of A.R.S. §§ 13-1003, 13-2310(A)(1), 13-2311(A), 13-2002(A)(1) & (A)(3),

16-1006{A)(3), 13-2407(A)(3), 39-161, 13-301, 13-302, 13-303, 13-304, 13-701,

13-702, 13-703, 13-801, 13-804, 13-811, 13-2313, and 13-2314.

COUNT2
FRAUDULENT SCHEMES AND ARTIFICES, A CLASS TWO FELONY

From on or about November 3, 2020 and continuing through on or about

January 6, 2021, KELLI WARD (001), TYLER BOWYER (002), NANCY COTTLE (003),

JACOB HOFFMAN (004), ANTHONY KERN (005), JAMES LAMON (006), ROBERT

MONTGOMERY (007), SAMUEL MOORHEAD (008), LORRAINE PELLEGRINO (009),

GREGORY SAFSTEN (010), MICHAEL WARD (011),

pursuant to a

scheme or artifice to defraud, knowingly obtained any benefit by means of false

5
or fraudulent pretenses, representations, promises, or material omissions, to wit:

preventing the lawful transfer of the presidency of the United States, keeping

President Donald J. Trump in office against the will of Arizona voters, and

depriving Arizona voters of their right to vote and have their votes counted under

the United States Constitution, Arizona Constitution Article 7, and Arizona Revised

Statutes, Title 16, by means involving, but not limited to, the acts described in

Section II, in violation of A.R.S. §§ 13-2310(A), 13-301, 13-302, 13-303, 13-304, 13-

701, 13-702, 13-703, 13-801, 13-804, 13-811, 13-2313, and 13-2314.

COUNT 3
FRAUDUlENT SCHEMES AND PRACTICES, A ClASS FIVE FElONY

From on or about November 3, 2020 and continuing through on or about

January 6, 2021, in a matter related to the business conducted by any department

or agency of this state or any political subdivision thereof, KElll WARD (001),

TYlER BOWYER (002), NANCY COTTlE (003), JACOB HOFFMAN (004), ANTHONY

KERN (005), JAMES LAMON {006), ROBERT MONTGOMERY (007), SAMUEl

MOORHEAD (008), lORRAINE PEllEGRINO (009), GREGORY SAFSTEN (010),

MICHAEl WARD (011),

pursuant to a scheme or artifice to defraud or

6
deceive, knowingly falsified, concealed or covered up a material fact by any trick,

scheme or device or made or used any false writing or document knowing such

writing or document contained any false, fictitious or fraudulent statement or

entry, to wit: two certificates of votes for President Donald J. Trump and Vice

President Michael Pence, filed by the Arizona Republican electors with the

Arizona Secretary of State, involving, but not limited to, the acts described in

Section II, in violation of A.R.S. §§ 13-2311(A), 13-301, 13-302, 13-303, 13-304, 13-

701, 13-702, 13-703, 13-801, 13-804, 13-811, 13-2313, and 13-2314.

COUNT4
FORGERY, A CLASS FOUR FELONY

From on or about November 3, 2020 and continuing through on or about

January 6, 2021, with intent to defraud, KELLI WARD (001), TYLER BOWYER

(002), NANCY COTTLE (003), JACOB HOFFMAN (004), ANTHONY KERN (005),

JAMES LAMON (006), ROBERT MONTGOMERY (007), SAMUEL MOORHEAD

(008), LORRAINE PELLEGRINO (009), GREGORY SAFSTEN (010), MICHAEL WARD

(011),

falsely made, completed or altered a written instrument and/or

offered or presented, whether accepted or not, a forged instrument or one that

7
contained false information, to wit: a certificate of votes for President Donald J.

Trump and Vice President Michael Pence, filed by the Arizona Republican electors

with the President of the United States Senate, involving, but not limited to, the

acts described in Section II, in violation of A.R.S. §§ 13-2002(A)(1) & (A)(3), 13-

301, 13-302, 13-303, 13-304, 13-701, 13-702, 13-703, 13-801, 13-804, 13-811, 13-

2313, and 13-2314.

COUNT 5
FORGERY, A CLASS FOUR FELONY

From on or about November 3, 2020 and continuing through on or about

January 6, 2021, with intent to defraud, KELLI WARD {001), TYLER BOWYER

{002), NANCY COTTLE (003), JACOB HOFFMAN (004), ANTHONY KERN (005),

JAMES LAMON (006), ROBERT MONTGOMERY (007), SAMUEL MOORHEAD

(008), LORRAINE PELLEGRINO (009), GREGORY SAFSTEN (010), MICHAEL WARD

(011),

falsely made, completed or altered a written instrument and/or

offered or presented, whether accepted or not, a forged instrument or one that

contained false information, to wit: one of two certificates of votes for President

Donald J. Trump and Vice President Michael Pence, filed by the Arizona

8
Republican electors with the Arizona Secretary of State, involving, but not limited

to, the acts described in Section II, in violation of A.R.S. §§ 13-2002(A)(1} & (A)(3},

13-301, 13-302, 13-303, 13-304, 13-701, 13-702, 13-703, 13-801, 13-804, 13-811,

13-2313, and 13-2314.

COUNT6
FORGERY, A CLASS FOUR FELONY

From on or about November 3, 2020 and continuing through on or about

January 6, 2021, with intent to defraud, KELLI WARD (001), TYLER BOWYER

(002), NANCY COTTLE (003), JACOB HOFFMAN (004), ANTHONY KERN (005),

JAMES LAMON (006), ROBERT MONTGOMERY (007), SAMUEL MOORHEAD

(008), LORRAINE PELLEGRINO (009), GREGORY SAFSTEN (010), MICHAEL WARD

(011),

falsely made, completed or altered a written instrument and/or

offered or presented, whether accepted or not, a forged instrument or one that

contained false information, to wit: the second of two certificates of votes for

President Donald J. Trump and Vice President Michael Pence, filed by the Arizona

Republican electors with the Arizona Secretary of State, involving, but not limited

to, the acts described in Section II, in violation of A.R.S. §§ 13-2002(A)(1} & (A)(3},

9
13-301, 13-302, 13-303, 13-304, 13-701, 13-702, 13-703, 13-801, 13-804, 13-811,

13-2313, and 13-2314.

COUNT7
FORGERY, A CLASS FOUR FELONY

From on or about November 3, 2020 and continuing through on or about

January 6, 2021, with intent to defraud, KELLI WARD (001), TYLER BOWYER

(002), NANCY COTTLE (003), JACOB HOFFMAN (004), ANTHONY KERN (005),

JAMES LAMON (006), ROBERT MONTGOMERY (007), SAMUEL MOORHEAD

(008), LORRAINE PELLEGRINO (009), GREGORY SAFSTEN (010), MICHAEL WARD

(011),

falsely made, completed or altered a written instrument and/or

offered or presented, whether accepted or not, a forged instrument or one that

contained false information, to wit: one of two certificates of votes for President

Donald J. Trump and Vice President Michael Pence, filed by the Arizona

Republican electors with the Archivist of the United States, involving, but not

limited to, the acts described in Section II, in violation of A.R.S. §§ 13-2002(A}(1) &

(A}(3), 13-301, 13-302, 13-303, 13-304, 13-701, 13-702, 13-703, 13-801, 13-804,

13-811, 13-2313, and 13-2314.

10
 COUNTS
FORGERY, A CLASS FOUR FELONY

From on or about November 3, 2020 and continuing through on or about

January 6, 2021, with intent to defraud, KELLI WARD (001), TYLER BOWYER

(002), NANCY COTTLE (003}, JACOB HOFFMAN (004), ANTHONY KERN (005),

JAMES LAMON (006}, ROBERT MONTGOMERY (007), SAMUEL MOORHEAD

(008}, LORRAINE PELLEGRINO (009), GREGORY SAFSTEN (010), MICHAEL WARD

(011),

falsely made, completed or altered a written instrument and/or

offered or presented, whether accepted or not, a forged instrument or one that

contained false information, to wit: the second of two certificates of votes for

President Donald J. Trump and Vice President Michael Pence, filed by the Arizona

Republican electors with the Archivist of the United States, involving, but not

limited to, the acts described in Section II, in violation of A.R.S. §§ 13-2002(A)(1) &

(A)(3), 13-301, 13-302, 13-303, 13-304, 13-701, 13-702, 13-703, 13-801, 13-804,

13-811, 13-2313, and 13-2314.

11
 COUNT9
FORGERY, A ClASS FOUR FELONY

From on or about November 3, 2020 and continuing through on or about

January 6, 2021, with intent to defraud, KELLI WARD (001), TYLER BOWYER

(002), NANCY COTTLE (003), JACOB HOFFMAN (004), ANTHONY KERN (005),

JAMES LAMON (006), ROBERT MONTGOMERY (007), SAMUEL MOORHEAD

(008), LORRAINE PELLEGRINO (009), GREGORY SAFSTEN (010), MICHAEL WARD

(011),

falsely made, completed or altered a written instrument and/or

offered or presented, whether accepted or not, a forged instrument or one that

contained false information, to wit: a certificate of votes for President Donald J.

Trump and Vice President Michael Pence, filed by the Arizona Republican electors

with the Chief Judge of the Federal District Court for the District of Arizona,

involving, but not limited to, the acts described in Section II, in violation of A.R.S.

§§ 13-2002(A)(1) & (A)(3), 13-301, 13-302, 13-303, 13-304, 13-701, 13-702, 13-

703, 13-801, 13-804, 13-811, 13-2313, and 13-2314.

12
 II. THE CONSPIRACY AND SCHEME.

In Arizona, and the United States, the people elected Joseph Biden as

President on November 3, 2020. Unwilling to accept this fact, Defendants and

unindicted coconspirators schemed to prevent the lawful transfer of the

presidency to keep Unindicted Coconspirator 1 in office against the will of

Arizona's voters. This scheme would have deprived Arizona voters of their right to

vote and have their votes counted.

After the general election on November 3, 2020, Defendants raised false

claims of widespread election fraud in Arizona to pressure election officials to

change the outcome of a democratic election. Those efforts failed when the

Maricopa County Board of Supervisors, Secretary of State, and Governor certified

Arizona's election. Republican Presidential Elector Defendants then voted for

President Donald Trump and Vice President Michael Pence on December 14,

2020, falsely claiming to be the ((duly elected and qualified Electors for President

and Vice President of the United States from the State of Arizona."

Defendants deceived the citizens of Arizona by falsely claiming that those

votes were contingent only on a legal challenge that would change the outcome

of the election. In reality, Defendants intended that their false votes for Trump-

Pence would encourage Pence to reject the Biden-Harris votes on January 6,

13
2021, regardless of the outcome of the legal challenge. When combined with the

six other States where Republican electors sent in uncertified votes for Trump-

Pence, Defendants wanted Pence to either declare Unindicted Coconspirator 1

the winner of the election, delay the proceeding and have individual state

legislatures determine their electors, or have Congress resolve any claimed

uncertainty about the validity of election results in Arizona and six other states in

Unindicted Coconspirator 1's favor. The scheme failed when Vice President

Michael Pence accepted all certified Biden-Harris votes on January 6, 2021.

A. Background on Presidential Election Procedures.

Defendants deceived the public by arguing the scheme to have Republican

electors vote for Trump-Pence in Arizona and six other states was legal. Thus,

background on presidential election laws is necessary to understand the scheme.

Presidential elections happen on the first Tuesday of November, following

the first Monday, every four years. In 2020, the Presidential Election fell on

November 3, 2020. Unindicted Coconspirator 1 ran for reelection with then-Vice

President Pence against now-President Biden and now-Vice President Harris.

The popular vote does not determine the President. Instead, the

Constitution of the United States provides that ((Electors" select the President and

Vice President of the United States. This system is known as the Electoral College.

14
 In the Electoral College, each state and the District of Columbia determines

how Presidential Electors are selected, and each state's Presidential Electors

equals the number of that state's congressional delegation. With the exception of

Maine and Nebraska, all states award their entire allotment of Presidential

Electors to the person who won the popular vote in that state. A simple majority

of Presidential Electors then selects the President and Vice President. There are

538 electors, so it takes 270 votes to win.

The Electoral Count Act of 1887 (ECA), which was in place in 2020, provides

the procedure for selecting the President and Vice President in the Electoral

College. The ECA first required that each state determine the Presidential Electors

at least six days before the electors• vote. The determination is called a

"certificate of ascertainment" and must be issued by the executive officer of each

state.

Under the ECA, each state's Presidential Electors meet and vote "on the

first Monday after the second Wednesday in December." In 2020, the electors

met and voted on December 14. This also meant the last date for the certificate of

ascertainment was December 8, 2020. The electors must send the certificates of

their votes, along with the certificate of ascertainment, as follows: one copy to

the President of the Senate; two copies to the chief election officer of their state;

15
two copies to the Archivist of the United States; and one copy to the Chief Judge

of the federal District Court where the electors assembled.

The ECA then provided that the Vice President, sitting as the President of

the Senate, hold a joint session of Congress on January 6 following the election. At

that joint session, the Vice President was directed to open the Presidential Elector

votes in alphabetical order by state so the votes could be counted. After the votes

are counted, the Vice President declares the next President and Vice President.

Arizona has nine congressional seats and two senators, so it has 11 votes in

the Electoral College. Each political party selects its own Presidential Electors, and

State law provides that Arizona's Presidential Electors are awarded based on the

winner of the popular vote in Arizona. The law provides that Presidential Electors

cannot vote for anyone other than the certified winner of the election. Arizona

law first requires that counties count .the votes in their respective counties

following the election. Determining the vote count is called a canvass. Once

complete, the county boards of supervisors must certify the canvass and report

the results to the Secretary of State. The Secretary of State must then determine

the statewide vote totals and certify the winner of all general elections on the

((fourth Monday following the general election." In 2020, that date was November

30.

16
 On November 30, the Arizona Secretary of State certified Biden-Harris as

the winners of Arizona's popular vote. That same day, Governor Ducey issued a

certificate of ascertainment, listing the Biden-Harris electors as Arizona's

Presidential Electors. Accordingly, the Biden-Harris electors assembled, voted,

and mailed their votes on December 14, 2020, consistent with the ECA.

B. Defendants- Arizona Fake Electors.

In 2020, the following Defendants were selected as Arizona Republican

Party Presidential Electors:

• KELLI WARD (001). WARD (001) was the chair of the Arizona Republican
party. She organized the fake electors' vote on December 14, 2020, and
voted for Trump-Pence as a fake elector, falsely stating that she was "duly
elected and qualified." After voting, WARD (001) declared the Arizona
Republican electors as the "true electors." She later urged Pence to accept
false electoral votes for Trump-Pence on January 6, 2021. She did not
withdraw her vote even though no legal challenge successfully changed the
outcome of Arizona's 2020 Presidential Election.

• TYLER BOWYER (002). BOWYER (002) voted for Trump-Pence as a fake

elector on December 14, 2020, falsely stating that he was "duly elected and
qualified." After voting, BOWYER (002) made statements indicating that he
intended to have Pence accept the false electoral votes for Trump-Pence on
January 6, 2021. BOWYER (002) did not withdraw his vote even though no
legal challenge successfully changed the outcome of Arizona's 2020
Presidential Election.

• NANCY COTTLE (003). COTTLE (003) was the chairperson of the Arizona
Republican Presidential Electors. She voted for Trump-Pence as a fake
elector on December 14, 2020, falsely stating that she was "duly elected

17
 and qualified." COTTLE (003) did not withdraw her vote even though no
legal challenge successfully changed the outcome of Arizona's 2020
Presidential Election.

• JACOB HOFFMAN (004). HOFFMAN (004) was a representative-elect in the

Arizona Legislature in November 2020. HOFFMAN (004) voted for Trump-
Pence as a fake elector on December 14, 2020, falsely stating that he was
"duly elected and qualified." Following his vote as an Arizona Republican
elector, HOFFMAN (004) urged Pence, in a letter dated January 5, 2020, to
delay accepting Arizona's certified Democrat elector votes on January 6,
2021, during the Joint Session of Congress in Washington D.C. HOFFMAN
(004) did not withdraw his vote even though no legal challenge successfully
changed the outcome of Arizona's 2020 Presidential Election.

• ANTHONY KERN (005). KERN (005) was a member of the Arizona

Legislature who had lost his bid for reelection in the November 2020
election. KERN (005) voted for Trump-Pence as a fake elector on December
14, 2020, falsely stating that he was "duly elected and qualified." Following
December 14, 2020, KERN (005) continued to urge Arizona officials and
Pence to accept the Arizona Republican electors' votes on January 6, 2021.
KERN (005) did not withdraw his vote even though no legal challenge
successfully changed the outcome of Arizona's 2020 Presidential Election.

• JAMES LAMON (006). LAMON (006) voted for Trump-Pence as a fake

elector on December 14, 2020, falsely stating that he was "duly elected and
qualified." LAMON (006) did not withdraw his vote even though no legal
challenge successfully changed the outcome of Arizona's 2020 Presidential
Election.

• ROBERT MONTGOMERY (007). MONTGOMERY (007) voted for Trump-

Pence as a fake elector on December 14, 2020, falsely stating that he was
"duly elected and qualified." MONTGOMERY (007) did not withdraw his
vote even though no legal challenge successfully changed the outcome of
Arizona's 2020 Presidential Election.

• SAMUEL MOORHEAD (008). MOORHEAD (008) voted for Trump-Pence as a

fake elector on December 14, 2020, falsely stating that he was "duly

18
 elected and qualified." MOORHEAD (008) did not withdraw his vote even
though no legal challenge successfully changed the outcome of Arizona's
2020 Presidential Election.

• LORRAINE PELLEGRINO (009). PELLEGRINO (009) was the Secretary of the

Arizona Republican fake presidential electors. She voted for Trump-Pence
as a fake elector on December 14, 2020, falsely stating that he was {/duly
elected and qualified." PELLEGRINO (009) did not withdraw her vote even
though no legal challenge successfully changed the outcome of Arizona's
2020 Presidential Election.

• GREGORY SAFSTEN (010). SAFSTEN (010) was the Executive Director of the
Arizona Republican Party. He helped KELLI WARD (001) organize the fake
electors' vote on December 14, 2020, and voted for Trump-Pence as a fake
elector, falsely stating that he was "duly elected and qualified." SAFSTEN
(010) did not withdraw his vote even though no legal challenge successfully
changed the outcome of Arizona's 2020 Presidential Election.

• MICHAEL WARD (011). WARD (011) voted for Trump-Pence as a fake

elector on December 14, 2020, falsely stating that he was "duly elected and
qualified." WARD (011) did not withdraw his vote even though no legal
challenge successfully changed the outcome of Arizona's 2020 Presidential
Election.

C. Defendants.

Defendants' attempts to declare Unindicted Coconspirator 1 and Pence the

winners of the 2020 Presidential Election contrary to voter intent and the law,

involved numerous other charged and uncharged coconspirators. The following is

a brief summary of the remaining Defendants' roles in the scheme to keep

Unindicted Coconspirator 1 in office against the will of Arizona voters:

19
• An attorney for Unindicted Coconspirator 1 who
was often identified as {{the Mayor." He spread false claims of election
fraud in Arizona and nationally shortly after November 3, 2020. He presided
over a {{hearing" in downtown Phoenix on November 30, 2020, where he
falsely claimed that Arizona's election officials {{have made no effort to find
out" if the results of the recent presidential election were accurate. He
pressured the Maricopa County Board of Supervisors and Arizona
legislators to change the outcome of Arizona's election, and he was
responsible for encouraging Republican electors in Arizona and in six other
contested states to vote for Trump-Pence on December 14, 2020.

• was an attorney who encouraged

the Republican electors to vote on December 14, 2020, and spread false
claims of widespread election fraud. He also pressured the legislature in
Arizona and six other states to change the outcome of the election. For
example, on January 4, 2021, pushed then-Arizona Speaker
of the House Rusty Bowers to convene a Special Session to decertify
Arizona's presidential electors, telling him to {{just do it and let the court
sort it out." Bowers declined to do so. Also on January 4,
met at the White House with Unindicted Coconspirator 1, Pence, and
others to convince Pence to reject or at least delay the confirmation of the
lawfully chosen electors two days later at the Joint Session of Congress.

• was an attorney and was an

advisor to the Trump Campaigns in 2016 and 2020.
in implementing the scheme to submit false
Republican electors' votes for Trump-Pence in Arizona and to obstruct the
certification process during the January 6, 2021, Joint Session of Congress in
Washington D.C.

• was an attorney for the Trump Campaign

and worked closely with She made false claims of
widespread election fraud in Arizona and in six other states.
encouraged the Arizona Legislature to change the outcome of the election.
She also encouraged Pence to accept the false Arizona Republican electors'
votes on January 6, 2021.

20
 • was an attorney for the Trump
Campaign and worked closely with lobbied
Arizona's Republican legislators after the 2020 presidential election to
disregard the popular vote in Arizona. She additionally helped organize the
false Arizona Republican electors' votes on December 14, 2020.

• was the Director of Election Day

Operations for the Trump Campaign. He worked closely with
Unindicted Coconspirator 4, and others to organize
the false Republican electors' votes in Arizona and in six other states.

• was Unindicted Coconspirator

1's Chief of Staff in 2020. He worked with members of the Trump Campaign
to coordinate and implement the false Republican electors' votes in Arizona
and six other states. was involved in the many efforts to
keep Unindicted Coconspirator 1 in power despite his defeat at the polls.

D. Unindicted Co-Conspirators.

The following individuals are included as unindicted members of the

conspiracy:

• Unindicted Coconspirator 1. A former president of the United States who

spread false claims of election fraud following the 2020 election.

• Unindicted Coconspirator 2. A former member of the Arizona Legislature

who spread false claims of election fraud following the 2020 election.
Unindicted Conspirator 2 helped organize and distribute a false document
on December 14, 2020, titled, ({Joint Resolution of the 54th Legislature."

• Unindicted Conspirator 3. A former member of the Arizona Legislature

who spread false claims of election fraud following the 2020 election.
Unindicted Coconspirator 3 helped organize a ({hearing" at a hotel in
Phoenix on November 30, 2020, that both and

21
 attended. Unindicted Conspirator 3 additionally signed
the false December 14, 2020, "Joint Resolution of the 54th Legislature."

• Unindicted Coconspirator 4. An attorney for the Trump Campaign who

drafted memos that encouraged having the fake Republican electors vote
on December 14, 2020. Unindicted Coconspirator 4 helped plan and
organize the fake electors' vote on December 14, 2020, in Arizona, Georgia,
Michigan, Pennsylvania, Nevada, New Mexico, and Wisconsin.

• Unindicted Coconspirator 5. An Arizona attorney who worked for the

Trump Campaign. Unindicted Coconspirator 5 helped organize the Arizona
Republican electors' vote on December 14, 2020, and previously
represented the Republican Party, and KElll WARD (001) in a lawsuit
against the certified Arizona Democrat electors.

E. The 2020 Presidential Election.

The 2020 Presidential Election occurred during a global pandemic. In

response to the pandemic, many states had expanded mail-in voting and that

expanded mail-in voting delayed the final vote.

i. Background.

As states continued to count votes after election day on November 3, 2020,

it became apparent that Biden would win, and Unindicted Coconspirator 1 would

lose the election. Unindicted Coconspirator 1 had suggested before the election

that expanded mail-in voting was "very dangerous" because mail-in ballots are

"fraudulent in many cases." Those statements turned into claims of outright fraud

immediately following the election.

22
 While Unindicted Coconspirator 1 himself was unwilling to accept that he

lost the election, had confided in a White House staff member

in early November 2020 that Unindicted Coconspirator 1 had lost the election.

Nevertheless, Unindicted Coconspirator 1 wanted to keep fighting the election

results, and wanted to "pull this off" for Unindicted

Coconspirator 1.

Arizona was ultimately decided by 10,457 votes or 0.31% of the ballots cast.

Biden won by small margins in five other states: (1) Georgia, 11,779 votes or

0.24%; (2) Michigan, 154,188 votes or 2.78%; (3) Nevada, 33,596 votes or 2.39%;

(4) Pennsylvania, 81,555 votes or 1.16%; and (5) Wisconsin, 20,681 votes or

0.63%. Excluding Nevada, these states all had Republican-controlled Legislatures

in 2020. New Mexico, where Biden won by a wider margin-99,720 votes or

10.79%, also had a Democrat-controlled legislature in 2020. These seven states

became the focus of legal challenges and false claims of widespread election

fraud.

ii. Arizona Election Lawsuits.

In Arizona, multiple parties filed election lawsuits after November 3, 2020.

All were unsuccessful, but some were still pending on December 14, 2020, when

23
the Arizona Republican electors assembled to vote. None of these lawsuits would

have changed the outcome of the election.

The first suit, Aguilera v. Fontes, Maricopa County Superior Court No.

CV2020-014562, was filed the day following the election, based on complaints

about electronic ballot counting from two voters. It was dismissed by the court on

November 29, 2020, for failure to state a claim on which relief could be granted.

An appeal was filed on December 29, 2020, which was eventually denied on June

15, 2021, for lack of jurisdiction.

The Trump Campaign next filed a suit on November 8, 2020, in Trump v.

Hobbs, Maricopa County Superior Court No. CV2020-014248. The claims relating

to the Presidential election were dismissed five days later because the lawsuit

would not have changed the outcome of the election. That prompted KELLI

WARD (001) to text "WTH," and ask "[a]re

our lawyers in AZ afraid of being blackballed by the left," and conclude "[i]t

sounds like that's a total cop out."

The Arizona Republican Party sued Adrian Fontes, then the Maricopa

County Recorder, on November 12, 2020, in Arizona Republican Party v. Fontes,

Maricopa County No. CV2020-014553. The court dismissed the claim six days

24
later, finding the "Arizona Republican Party's case was meritless.n It was not

appealed.

KELLI WARD (001) sued all eleven Democrat Party electors on November

30, 2020, in Ward v. Jackson, Maricopa County Superior Court No. CV2020-

015285. Phoenix-based Trump Campaign attorney Unindicted Coconspirator 5

told all eleven Arizona Republican electors, "[p]lease be aware that while I will be

representing you 1 in name' as presidential electors, I am also the attorney for the

Arizona Republican Party and Donald J. Trump for President, lnc.n and that he was

waiting on "Guiliani [sic] to personally approven the lawsuit. All eleven electors

agreed to join the suit, but for "legal/optical reasons, Kelli [was] ... the only

plaintiff.n

The court dismissed the suit on December 4, 2020, finding that Maricopa

County election officials followed the process for signature verification "faithfully

in 2020n and found "no misconduct, no fraud, and no effect on the outcome of

the election.n The court additionally found that "the evidence did not prove illegal

votes, much less enough to affect the outcome of the electionn and that KELLI

11
WARD (001), has not proven that the Biden/Harris ticket did not receive the

highest number of votes.n

25
 KELLI WARD (001) appealed to the Arizona Supreme Court on December 4,

2020. The court denied her appeal, writing that the allegations in the suit were

not "sufficient to call the election results into question," that "there are no

allegations of any violation of the EPM [Elections Procedures Manual] or any

Arizona law," and that "the challenge fail[ed] to present any evidence of

'misconduct,' 'illegal votes' or that the Biden Electors 'did not in fact receive the

highest number of votes for office,' let alone establish any degree of fraud or a

sufficient error rate that would undermine the certainty of the election results."

At the request of the Trump Campaign, Unindicted Coconspirator 5 expedited an

appeal to the United States Supreme Court before December 14, 2020. He later

wrote to a Pennsylvania attorney, "Also just FYI-I recall now there was a rush to

file our petition in order to give legal 'cover' for the electors in AZ to 'vote' on the

14th .... "

All eleven Arizona Republican electors and others sued Governor Doug

Ducey on December 2, 2020, in Arizona Federal District Court Case Bowyer v.

Ducey, No. CV-20-02321-PHX-DJH. The court dismissed their complaint on

December 9, 2020, finding that the plaintiffs' claims, "fail in their particularity and

plausibility" and that their '((expert reports' reach implausible conclusions, often

because they are derived from wholly unreliable sources." The plaintiffs appealed

26
to the Ninth Circuit the following day, and the appeal was dismissed on April 13,

2021.

Two other election lawsuits were filed in Arizona, Stevenson v. Ducey,

Maricopa County Superior Court No. CV2020-096490, and Burk v. Ducey, Pinal

County Superior Court No. CV2020-01869. The plaintiffs in Stevenson voluntarily

dismissed their case on December 7, 2020. Both the trial court, on December 15,

2020, and later the Arizona Supreme Court, on January 5, 2021, concluded that

the plaintiff in Burk lacked standing to sue because she was not registered to

vote.

F. Pressure on Arizona Election Officials.

In Arizona, Defendants, unindicted coconspirators, and others pressured

the three groups of election officials responsible for certifying election results to

encourage them to change the election results: (1) Maricopa Board of

Supervisors; (2) the Arizona Legislature; and (3) the Governor. This pressure

campaign was initially focused on the Maricopa County Board of Supervisors. As it

became clear that they would not change the election results, the pressure

campaign moved to the Arizona Legislature and Governor Ducey.

i. Maricopa County Board of Supervisors.

27
 The Maricopa Board of Supervisors oversees elections in Maricopa

County. In 2020, the Maricopa County Board of Supervisors had five members,

four of which were Republican: Steve Chucri, Bill Gates, Clint Hickman, and Jack

Sellers.

Almost immediately after the election, KElll WARD (001) sent messages to

each of the Republican members suggesting serious election fraud and

malfeasance had occurred. KElll WARD {001) urged the supervisors to delay

certifying Maricopa County's results, and she urged the Republican supervisors to

contact lawyers associated with the Trump Campaign about the alleged election

fraud.

unindicted coconspirators, and others also tried to contact

the Republican Supervisors. For example, an Arizona Congressional

Representative sent a text message to on November 8, 2020,

that he had "placed some calls to the board of supervisors without connecting so

far," later writing, "I can give you some idea what's going on with the county

supervisors." KElll WARD (001) sent a text message on

November 13, 2020, "Just talked to POTUS. He may call the Chairman of the

Maricopa Board of Supervisors," who was then Clint Hickman. Hickman later

28
received a call from the White House Switchboard on New Year's Eve, but he did

not answer.

By mid-November, the Tea Party Phoenix Metro, sent an email to its

subscriber list, which included SAFSTEN (010), stating, {{By the way, if the

electoral college doesn•t result in 270 electoral votes for either Presidential

candidate, the 12th amendment is exercised, and guess what ... Trump wins

(because the House didn't go the way the Dems counted on it going), and our

republic is saved from globalists!!" It then encouraged members to rally at the

Maricopa County Board of Supervisors building to a ("Stop the AZ Steal' protest

rally against the County Board of Supervisors certifying the election results."

The Maricopa County Board of Supervisors unanimously certified the

results of the election in November 2020. Some Defendants posted on social

media urging others to contact the Maricopa County Board of Supervisors about

delaying certification of the election. Following such posts, others publicly

attacked the Republican Board of Supervisors, including threatening the

Supervisors and their families.

On December 15, 2020, the Senate Judiciary Committee subpoenaed

Maricopa County's voting machines. was interviewed about the

subpoena and stated that it was intended to {{start forensically examining the

29
voting machines in Arizona." The Board of Supervisors sued to quash the

subpoenas on December 18, 2020, in Maricopa v. Fann, Maricopa County

Superior Court CV2020-016840. All eleven Republican electors moved to join the

suit on behalf of the Legislature, recognizing that a possible goal of the subpoenas

was to uensur[e] that their rivals, the Democratic Party's electors, are not

considered by Congress." After filing the motion to intervene, KERN (005} wrote,

u[g]reat move AZ GOP Electors! All 11 of us ;)," promoting a post by the

Republican Party of Arizona arguing that uthe Legislature should use its power to

hold them [the Board of Supervisors] in contempt and throw them in jail."

Throughout December, then urged the Republican

members of the Board of Supervisors to assist in obtaining access to vote-

counting machines and ballots. In a voice message to Gates on Christmas Eve, for

example, asked to get access to the vote counting machines and

ballots, stating, u[y]ou know, I really think it's a shame that Republicans sort of are

both in this, kind of, situation." That day he also called Sellers and left the

following message: "We're all Republicans, I think we all have the same goal.

Let's see if ... we can get this done outside of the court."

ii. Arizona Legislature.

30
 Russell "Rusty" Bowers served in the Arizona Legislature from 2015 until

the beginning of 2023. He was elected in 2019 to a two-year term as the House

and was Speaker of the House in 2020.

Bowers reported extensive pressure to take action after the election. He

noted on November 11, 2020, "getting hundreds of emails demanding that I do

my constitutional duty and name electors that will vote for Trump" and "very

strange and unsettling phone calls telling me to do my duty and vote to elect

electors who will vote for Trump." On November 20, 2020, he wrote, the situation

was "very stressful-attacks and tens of thousands of ema11s to intimidate me."

Bowers received a call from the White House on November 22, 2020. In

that call, explained he understood there was a law in Arizona that

would allow the legislature to meet and if there was sufficient doubt about the

legality of the election, the legislature could vote to disallow Biden's electors and

put in Trump's electors. alleged Arizona had 14,000 dead people

voting, 4,000 or 5,000 military ballots stolen, and 200,000 non-citizens voting.

Bowers asked for evidence. said he had the names and would give

the names to Bowers.

On December 1, 2020, held a meeting at the Arizona

Legislature with three associates, including Also present at the

31
meeting were several Republican legislators, including Bowers.

and his team asked Bowers to hold a committee hearing on the election. When

Bowers asked for any proof of election fraud, said he had proof,

but advised that it was left back in the hotel room. Bowers left the

meeting shortly thereafter. The alleged proof was never provided to Bowers.

Bowers issued a press release on December 4, 2020, rebutting the

allegations of election fraud. The next day he wrote, ({threats and intimidation all

day-thousands of demanding emails, everyone is a constitutional scho~ar which I

am not. I just will not change the rules after the people voted!" On December 14,

2020, the day the Arizona Republican electors voted, Bowers wrote, {(Hard

days ... Their hatred is pronounced/' referring to outside emails.

and KELLI WARD (001) posted on social media on

December 6, 2020 the following:

~ Dr. Kelli Ward "*:' @kelliwardaz · Dec 6, 2020 ...

·.. ·~~ This is a 100% unnecessary, cowardly move. #DoYourJob #Election!ntegrity
#StopTheSteal

~ Christina Bobb $ @chrlstina_bobb · Dec 6, 2020

AZ Speaker of the House, Rusty Bowers, has closed the AZ House for a
week "due to COVID." !S·. Sounds like he needs an excuse to give his
angry constituents about why he's refusing to call a session and
examine the fraud in his state. First time it's been closed the whole
pandemic

0237 t1.S94 \? 2.8K

32
 On January 4, 2021, Bowers spoke with attorney In

the conversation, explained that a supermajority was not needed

to convene a committee of the legislature. On January 6, 2021, Bowers spoke

with an Arizona Congressional Representative. That Representative asked Bowers

to support decertification of the election. Bowers declined because he did not

believe the election was fraudulent.

iii. Governor Doug Ducey.

At the end of 2020, Arizona's Governor was Doug Ducey. On the day that

then-Governor Ducey signed the certificate of ascertainment, which certified the

vote, Governor Ducey received a call from the White House, which he did not

answer. That day, Unindicted Coconspirator 1 posted a series of tweets berating

Governor Ducey for certifying the election. On the night of the certification,

posted on Twitter that Governor Ducey should not have certified

the vote.

G. The Fake Electors Scheme.

Discussions about using the Republican electors to change the outcome of

the election began as early as November 4, 2020. Those plans evolved during

November based on memos drafted by Trump Campaign attorney Unindicted

Coconspirator 4.

33
 As an example, the then-United States Secretary of Energy texted

on November 4, 2020, "HERE's an AGRESSIVE STRATEGY: Why

can't the states of GA NC PENN and other R controlled state houses declare this is

BS (where conflicts and election not called that night) and just send their own

electors to vote and have it go to the SCOTUS."

Similarly, received a text on November 5, 2020, that

Unindicted Coconspirator 1 should "urge GOP officials in close states to expose

shenanigans and, if necessary, to refuse to seat Biden electors in the event of a

fake count." That same day, Unindicted Coconspirator 1's son texted

a more developed plan revolving around the electors: "It's very simple If

through our lawsuits and recounts the Secretary of States on each state cannot

'certify' that states vote the State Assemblies can step in and vote to put forward

the electoral slate Republicans control Pennsylvania, Wisconsin, Michigan, North

Carolina etc. we get Trump electors."

An Arizona Congressional Representative similarly texted

on November 6, 2020:

I'm sure you have heard of this proposal. It is to

encourage the state legislatures to appoint a look doors
[sic] in the various states where there's been
shenanigans. If I understand right most of those states
have Republican Legislature's [sic]. It seems to be

34
 comport with glorified [sic] Bush as well as the
Constitution. And, well highly controversial, it can't be
much more controversial than the lunacy that were
sitting out there now. And It would be pretty difficult
because he would take governors and legislators with
collective will and backbone to do that. Is anybody on
the team researching and considering lobbying for that?

responded, "I love it."

i. Unindicted Coconspirator 4's Memos and the Trump

Campaign~s Response.

Unindicted Coconspirator 4 began working as an attorney for the Trump

Campaign on a pro bono basis in mid-November 2020. He prepared three memos

outlining how to use fake electors to overturn the election: (1) the November 18,

2020, memo; (2) the December 6, 2020, memo; and (3) the December 9, 2020,

memo.

Unindicted Coconspirator 4 claimed that under the ECA the electors

needed to vote on December 14, 2020, to be counted. Unindicted Coconspirator

4 argued that if there was a pending legal challenge that could change the

outcome of the election from Biden-Harris to Trump-Pence, the Republican

electors were required to meet and vote on December 14, 2020. If they did not,

then the Vice President could not count the votes for Trump-Pence on January 6,

35
2021, even if Unindicted Coconspirator 1 and Pence won a lawsuit that changed

the outcome the election.

As support, Unindicted Coconspirator 4 cited the Hawaii election from

1960. There, initial election results showed that Richard Nixon and Henry Cabot

Lodge won the popular vote during the presidential election, defeating John

Kennedy and Lyndon Johnson by just 140 votes. Nixon was certified the winner by

the Governor in November of 1960. A Hawaii court ordered a recount on

December 13, 1960, which was pending on December 19, 1960, when the electors

were required to meet and vote.

The Nixon-Lodge electors met and voted on December 19, 1960. On that

day, the Kennedy-Johnson electors also met and voted. On December 30, 1960,

Hawaii's courts determined that Kennedy-Johnson won the popular vote. The

Governor then certified the Kennedy-Johnson electoral votes on January 4, 1961,

and Congress received them on January 6, 1961. Nixon, who was the Vice

President, and therefore Senate President, accepted the Kennedy-Johnson elector

votes.

None of Unindicted Coconspirator 4's memos suggested that Republican

electors precisely follow what occurred in the 1960 Hawaii election. Trump-Pence

had lost in Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and

36
Wisconsin. Unindicted Coconspirator 4 suggested that in each of these seven

states the Trump Campaign should have the Republican electors vote on

December 14, 2020, although none had a pending recount. As it became apparent

that no election challenge would succeed by January 6, 2021, Unindicted

Coconspirator 4 departed further from the Hawaii example. Each memo is

summarized below.

• November 18, 2020: This seven-page memo discussed only

the Wisconsin Trump-Pence electors. In it, Unindicted
Coconspirator 4 concluded that the Trump-Pence electors
must vote on December 14, 2020, in the event "a court
decision (or, perhaps, a state legislative determination)
rendered after December 14 in favor of the Trump-Pence
slate of electors" changed the outcome of the Wisconsin
election.

• December 6, 2020: This six-page memo argued that the

Trump-Pence electors in Arizona, Georgia, Michigan,
Nevada, Pennsylvania, and Wisconsin should meet and vote
on December 14, 2020. It appeared to depart from the
November 18, 2020 Memo in parts by suggesting that only
a pending lawsuit, rather than a decision in favor of Trump-
Pence, was necessary for the Vice President to reject the
Biden-Harris electors on January 6, 2021. Unindicted
Coconspirator 4 outlined the general procedure the
Republican Electors needed to follow when voting. In the
December 6, Memo. Unindicted Coconspirator 4 claimed
he was "not necessarily advising this course of action" and
that it was "a bold, controversial strategy."

• December 9, 2020: This five-page memo outlined the

Electoral Count Act procedure requirements for

37
 presidential electors. It additionally discussed the state law
requirements for presidential electors in Arizona, Georgia,
Michigan, Nevada, Pennsylvania, and Wisconsin.

A Wisconsin attorney working on election challenges for the Trump

Campaign, sent Unindicted Coconspirator 4's analysis to Trump Campaign Deputy

Manager Justin Clark on November 25, 2020. Clark and other campaign officials

supported Unindicted Coconspirator 4's recommendation to have the Republican

electors vote in Wisconsin because they believed the lawsuit in Wisconsin could

change the outcome of Wisconsin's election. Following both the ECA and the

1960 Hawaii election models, Campaign officials concluded that the Wisconsin

Republican electors should vote on December 14, 2020, for Trump-Pence in the

event their lawsuit succeeded.

Unindicted Coconspirator 4 later insisted that Clark receive a copy of his

December 6, 2020 Memo, writing a Wisconsin attorney, ul feel this memo-on

why it's important all electors vote in all 6 contested states should vote on Dec.

14-should get to Justin Clark and others involved with national strategy ASAP." A

Wisconsin attorney forwarded that memo, telling Unindicted Coconspirator 4, (/1

have bypassed Justin and am tryouts [sic] no [sic] to get it circulated at the White

House." A Wisconsin attorney then sent Unindicted Coconspirator 4's December

6, 2020 Memo to

38
 The memo eventually made its way to members of the Trump Campaign,

some who questioned Unindicted Coconspirator 4's plan to have the Republican

electors vote in all six listed states. With the exception of Wisconsin and possibly

Georgia, they concluded that there were no pending lawsuits that could change

the outcome of the election in the remaining six states. Trump Campaign officials

also had general concerns about efforts. For example, Advisor

Jason Miller wrote on December 6, 2020, u[a]ll guidance

appreciated, as the legal turf war thing is new to me!"

ii. takes control of the Fake Electors

Scheme.

and his team disagreed with the other's concerns, and their

effort was bolstered by Texas' decision to sue Georgia, Michigan, Pennsylvania,

and Wisconsin on December 8, 2020, to temporarily prevent the presidential

electors from voting in those states, in Texas v. Pennsylvania. On December 9,

2020, moved forward with having Republican electors vote in the

seven contested states, including Arizona, by writing a Wisconsin attorney and

((Question per Mayor-do you think you could prepare a sample

elector ballot for Wisconsin." If so, then asked if Unindicted

Coconspirator 4 would prepare sample ballots for uPA, Georgia, Michigan, AZ,

39
Nevada and New Mexico," which was the first time New Mexico was listed for

challenges. Unindicted Coconspirator 4 responded, "[O]h absolutely" and that he

"will do a memo on specifics of each state." By December 11, 2020, Unindicted

Coconspirator 4 and a Wisconsin attorney had prepared a draft press release

following the Trump-Pence elector voting plan, which they emailed to

and Joshua Findlay.

On December 11, 2020, the United States Supreme Court dismissed Texas

v. Pennsylvania. At that point, some Trump Campaign officials determined the

fake elector plan was legally unsound, but wanted "to keep

fighting." Campaign attorneys then passed "everything off" to Unindicted

Coconspirator 4. Clark emailed Unindicted Coconspirator 4 that morning, "Josh

[Findlay] has been running point on our contacts with electors. He can provide an

update and hand off what he has to you this morning." Findlay told Unindicted

Coconspirator 4, "[i]t is my understanding from Rudy's team that you are now

running point on this. I am happy to hand off what has been done so far."

Trump Campaign officials then deferred much of the Republican elector

plan to and Unindicted Coconspirator 4.

Unindicted Coconspirator 4 had emailed party officials in several of the contested

states that he "talked with ... Mayor Guiliani [sic], who is focused on doing

40
everything possible to ensure that that all the Trump-Pence electors vote on Dec.

14." Unindicted Coconspirator 4 included instructions for voting and a certificate

of the vote template, concluding "Pretty simple!"

iii. refuses to add contingency language

to the Republican electors/ vote certificates.

During a conference call on December 12, 2020, a Pennsylvania attorney

expressed concern that the certificate of vote falsely claimed that the Republican

electors were the "duly elected and certified electors." He requested adding

language to the certificates indicating that the Trump-Pence electors' votes were

contingent on being certified the duly elected and qualified electors.

Based on that call, Unindicted Coconspirator 4 texted

"Mike, I think the language at start of certificate should be changed in all states.

Let's look at the language carefully." responded, "I don't."

Unindicted Coconspirator 4 then offered to "help with drafting in a couple

hours," but responded "tuck these guys."

Pennsylvania insisted on the language. Unindicted Coconspirator 4

prepared a draft and sent and Findlay the following email on

December 13, 2020:

Mike, here is my suggested language for dealing

with the concern raised in the PA conference call about

41
 Electors possibly facing legal exposure (at the hands of a
partisan AG} if they seem to certify that they are
currently the valid Electors.

Easily fixed ....

It strike [sic] me that if inserting these few words

is a good idea for PA, it might be worth suggesting to
Electors in other states.

Pennsylvania attorneys eventually added the following introduction to their

elector vote certificates:

WE, THE UNDERSIGNED, on the understanding that if, as

a result of a final non-appealable Court Order or other
proceeding prescribed by law, we are ultimately
recognized as being the duly elected and qualified
Electors for President and Vice President of the United
States of America from the State of Pennsylvania,
hereby certify the following ....

By December 12, 2020, Unindicted Coconspirator 4 had prepared

documents for each state except New Mexico. asked Unindicted

Coconspirator 4 to prepare New Mexico. He did, and included his drafted

contingency language as follows, "WE, THE UNDERSIGNED, on the understanding

that it might later be determined that we are the duty elected and qualified

Electors .... "

iv. Trump Campaign members refuse to support the

Fake Electors Scheme.

42
 The following day, Jason Miller texted Justin Clark, White House attorney

Eric Hersch mann, and campaign communications director Tim Murtaugh:

Just got a call from Rudy:

-He said tomorrow our local counsels in four states are

filing federal cases to keep the effort going {I didn't
understand merits of cases), and that POTUS was aware
of this.

-He said he's optimistic we win in Wisconsin state court

tomorrow.

-He also said Boris [Epshteyn] has been coordinating

state elector whip effort and I should connect with he
and Christina BOBB.

Alii know tomorrow is Elector Voting Day and that train

you hear coming down the track isn't Burlington
Northern.

Murtaugh had prepared the following statement for December 14, 2020,

"As election contests continue in various states, the only prudent course was to

have the President's electors vote in those places to preserve the campaigns [sic]

rights." During the text conversation, Clark responded, "Now, I am not sure what

Rudy is telling the president on this stuff so I'm not sure what his expectations

are .... Here's the thing the way this has morphed it's a crazy play so I don't know

who wants to put their name on it," referring to the statement Murtaugh

43
prepared. scheduled a conference call to discuss with

and others, which was shared in the text message thread, to which

Herschmann responded, u[c]ertifying illegal votes." Murtaugh eventually wrote

that he was ((not comfortable putting that statement out .... I can't stand by it.

From the looks of it, neither can any of you." Clark responded, ul cannot. They

need to put their names on it. Rudy, Boris and Jenna." Herschmann responded, ul

agree."

v. Pressures Pence to Change the Vote

on January 6.

On December 23, 2020, wrote a memo laying out a

scenario for January 6, 2021. In that memo, he recommended that Pence refuse

to count Arizona's certified Democratic electors because there were ((multiple

slates." After refusing to accept the six other states with fake Republican electors,

Pence would determine Unindicted Coconspirator 1 the winner of the election

because Unindicted Coconspirator 1 would have had the majority of the

remaining votes: ((232 votes for Trump, 222 votes for Biden. Pence then gavels

President Trump as re-elected."

circulated a lengthier memo on January 3, 2021, discussing

the ((January 6 scenario" and uwar Gaming the Alternatives."

44
clear intention was to change the result of the 2020 Presidential election on

January 6, 2021, writing, (/[t]he stakes could not be higher." Without action from

Pence, concluded that (/the sovereign people no longer control

the direction of their government" and (/will have ceased to be a self-governing

people."

met with Pence and members of his staff on January 4,

2021, telling Pence that he could reject electoral votes or delay the vote count

and ask state legislatures to reexamine the election to declare a winner. Pence

rejected those ideas, but on January 5, 2021, again met with

Pence's Chief Counsel, Greg Jacob, to ask Pence to reject the certified Biden-

Harris electors during the counting of the electoral vote at the Joint Session of

Congress. During that meeting, admitted that his plan would lose

if it went before the U.S. Supreme Court.

H. Arizona Republican Electors Involvement in the Fake

Electors Scheme.

On December 8, 2020, a Wisconsin attorney sent Unindicted Coconspirator

4 and a Trump Campaign staffer, an email that said, the Trump Campaign staffer

(/is in touch With [sic] White House, Arizona and PA. They are interested. I am

copying them so they can work directly with you and link to the other States."

45
That day, Unindicted Coconspirator 5 called Unindicted Coconspirator 4 to

discuss having the Arizona Republican electors vote on December 14, 2020,

prompting a Wisconsin attorney to text Unindicted Coconspirator 4, "Heard Rudy

et al are pushing this and you spoke to Arizona. Congratulations."

Unindicted Coconspirator 4 responded:

Hi, I talked to [Unindicted Coconspirator 5] in Arizona,

and emailed him info, including a draft of the footnote
explaining that both electoral slates voting is not an odd
thing

He told me Rudy is really pushing this, and he was trying

to understand exactly why

He asked if I talked to Rudy; I said Jim did, and also Rudy

apparently read the memo

I got across that unless the Arizona Trump votes are sent
to Congress on time, there's no real excuse to debate
Arizona

He also gets that Biden making the safe harbor doesn't

prevent Congress from debating, or the Senate from
voting as it wants, though the Electoral Count Act
obviously is politically problematic

I told him we might file in WI Supreme Court with that

footnote by Saturday, which could help with messaging

Feel free to pass this on to Rudy. It sounds like the states

will do this if Rudy insists, especially if the President has
specifically asked Rudy to make sure this happens. If any

46
 state is uncertain, maybe a call from the President
would be worthwhile. Sounds like he's really hands on!

Arizona GOP Director GREGORY SAFSTEN (010) called Unindicted

Coconspirator 4 on December 10, 2020, to discuss ((the logistics of the electors

voting on Dec. 14." That prompted Unindicted Coconspirator 4 to email SAFSTEN

010) and Unindicted Coconspirator 5 the documents he prepared for the Arizona

Republican electors.

KELLI WARD (001) organized Arizona Republican electors for December 14,

2020, and worked directly with SAFSTEN (010), Unindicted Coconspirator 4, and a

Republican National Committee attorney for planning. Unindicted Coconspirator

4 emailed Unindicted Coconspirator 5 on December 11, 2020, to confirm that he

still planned to file an appeal in Ward v. Jackson, writing:

Reason is that Kelli Ward & [Unindicted Coconspirator

2] just spoke to the Mayor about the campaign's request
that all electors vote Monday in all contested states.

Ward and [Unindicted Coconspirator 2] are concerned it

could appear treasonous for the AZ electors to vote on
Monday if there is no pending court proceeding that
might, eventually, lead to the electors being ratified as
the legitimate ones.

Which is a valid point-in the Hawaii 1960 incident,

when the Kennedy electors voted there was a pending
recount.

47
 Unindicted Coconspirator 4 followed, (/Just spoke with [Unindicted

Coconspirator 5]. I now [sic] longer see cause for concern. His Supreme Court

filing is at the printer." Unindicted Coconspirator 5 confirmed, (/Correct. The

attached are being 'e-filed' as we speak .... "

On December 13, 2020, KELLI WARD (001) sent Unindicted Coconspirator 4

an email with concerns that certified Democratic electors for Biden-Harris would

not be voting in the state capitol building. Unindicted Coconspirator 4 responded

that Arizona law did (/not specify a location for the vote" and that voting did not

need uto be in the capitol bldg."

The Arizona Republican electors met on December 14, 2020, at the Arizona

Republican Party Headquarters, posting a picture to twitter.com. The Arizona

Republican electors additionally recorded themselves voting and posted the video

to social media websites, prompting KELLI WARD (001) to write, uoh yes we did!

We are the electors who represent the legal voters of Arizona! #Trump2020

#MAGA." The Arizona Republican Party's official statement was largely copied

from a template that Unindicted Coconspirator 4 and a Wisconsin attorney

prepared for all states. The party claimed it was following what happened in 1960

in Hawaii until there was ua final resolution of Arizona's 11 electoral votes."

48
 In late December 2020, the Trump Campaign had Pennsylvania attorney

Bruce Marks and file an appeal to the United States Supreme

Court regarding Pennsylvania's election in Trump v. Boockvar. Following that

decision, Marks emailed a Wisconsin attorney, "[t]he Campaign wants us to work

together with professor eastman to file an Article II cert petition from Wisconsin."

Related to that discussion, Marks emailed Unindicted Coconspirator 5 asking

questions about his Supreme Court appeal in Ward v. Jackson. That prompted

Unindicted Coconspirator 5 to respond, "(Also just FYI - I recall now that there

was a rush to file our petition in order to give legal 'cover' for the electors in AZ to

'vote on the 14th . . . that discussion is below, as well as [Unindicted

Coconspirator 4's] comments on the petition.)"

Marks responded by questioning how Ward v. Jackson would change the

outcome of the election:

Even if the court erred in not allowing further

examination, what is the argument that reason further
discovery would have led to changing the election, if the
error rate is 2%, the higher number, and the ballots at
issue is 450,000?

The petition does not argue that these ballots (9,000 at

my estimate) were improperly counted for Biden when
they should have been counted for Trump.

49
 Thanks, we are trying to understand this in formulating
the [Supreme Court] strategy.

All 11 Arizona Republican electors, KELLI WARD (001), TYLER BOWYER

(002), NANCY COTTLE (003), JACOB HOFFMAN (004), ANTHONY KERN (005),

JAMES LAMON (006), ROBERT MONTGOMERY (007), SAMUEL MOORHEAD

(008), LORRAINE PELLEGRINO (009), GREGORY SAFSTEN (010), and MICHAEL

WARD (011), joined then-Texas Congressional Representative Louie Gohmert in

suing Pence on December 27, 2020. Their complaint alleged that "Gohmert will

object to the counting of Arizona electors voting for Biden, as well as to the Biden

electors from the remaining Contested States." The plaintiffs attempted to have

the court declare that Pence could "exercise the exclusive authority and sole

discretion in determining which electoral votes to count for a given State." KELLI

WARD (001) explained the purpose of the suit on twitter:

Dr. Kelli Ward 11111 ~ ·Dec 2020

"Friendly" in that \ve are In the same politlcal party- but know this: we are
suing VP Pence to ensure he understands that he has the power to do
constitutional duty on January 6. And we expect him to do it That's it.

II The Epoch Times · Dec 30, 2020

#Arizona GOP Chairwoman @KelliWardAZ, a co-plaintiff in a lavvsuit
against VP @Mike_Pence, described the sult as a "friendly.. one.

The lawsuit, according to Ward, argues that the "Constitution takes

precedent over statute:' theepocht1mes.com/arlzona-gop-ch ...

50
 In addition to their lawsuit against Pence, other Arizona Republican electors

made statements directly contradicting any intention that their votes would only

be used if they succeeded in a legal challenge that changed the outcome of

Arizona's election.

i. KELLI WARD {001}.

The day before voting as a Republican elector, KELLI WARD (001} posted to

twitter indicating that her goal was to have the Arizona Legislature certify the fake

Republican electors' votes:

Dr. Kelli Ward •- 2020

Will they?

Phillip Kline 2020

The Constitution ls clear: The power to send electors lies with the state
legislature not wlth the executives or their subordinates and not with
the judiciary,
Non-delegation principles need to be restored, starting in the states.
amgreatness.com/2020/12/10/wl! ...

On December 15, 2020, KELLI WARD (001} posted a video explaining why

she and the other "true" electors had voted for Unindicted Coconspirator 1 on

December 14, 2020. She stated, "We believe that we are the electors for the

legally cast votes here in Arizona."

Leading up to January 6, 2021, KELLI WARD (001} continued calling for the

Arizona Legislature to change the outcome of the election. She published Pence's

51
January 6, 2021, letter explaining that he would accept the certified Democratic

electors for Biden-Harris on January 6, 2021, and wrote, "Pray that @VP

@Mike_Pence doesn't send our Republic to it's [sic] demise-crashing and

burning into socialism, communism, & tyranny." Later that day, she thanked

Arizona Congressman for objecting to Arizona's certified Democratic electors'

votes during the Joint Session of Congress. And when Congress adjourned

because the January 6, 2021 rioters breached the Capitol, she wrote, "Congress is

adjourned. Send the elector choice back to the legislatures."

ii. TYLER BOWYER {002}.

BOWYER (002) made public statements demonstrating the contingency

plan was cover for his attempt to change the outcome of the election. On

November 27, 2020, he wrote, "#BidenCheated" and "Americans deserve the true

election results."

On December 15, 2020, after voting for Trump-Pence, BOWYER (002)

wrote, "this just gives potential ground to not accept electors from states with

competing electors." BOWYER (002), after Gohmert v. Pence was filed, posted to

twitter:

52
 Tyler Bowyer& · I)Qc 28,2020
lt's prett'J The Ptesid*t~t of the llfllted States Senate (VP) has the
ii'ff(.)$<\.lm~ !X'w:;;,-r of il
WiN;:n ~htfl:: !:iff: IW!:t t:Of!lt)t.!tlng~;!;'fh:::J~ 1J1 f!{)fle at ~11,

The 121h amendm~nt covers d!spute re<wlutlon when !t occurs in tt:,e House
orRc:o:;,

He followed with:

53
 iii. JACOB HOFFMAN {004).

HOFFMAN (004) signed the fake December 14, 2020, "Joint Resolution of

the 54th Legislature" declaring that "the Legislature is required to exercise its best

judgment as to which slate of electors the voters prefer" and requesting "that the

alternate 11 votes electoral votes be accepted for to Donald J. Trump or to have

all electoral votes nullified completely until a full forensic audit can be

conducted."

On January 5, 2021, HOFFMAN (004) sent a letter to Pence asking him to

"delay the certification of the election results and instead seek clarification from

the Arizona Legislature as to which slate of Presidential Electors are proper and

accurate." HOFFMAN (004) was later interviewed by a reporter on January 11,

2021. When asked about voting as an elector, he responded:

In unpresented times, unprecedented action is occurred.

There is no case law, there's no precedent that exists as
to whether or not an election that is currently being
litigated in the courts has due standing. Which is why,
we felt it appropriate to provide Congress and the Vice
President with dueling opinions.

iv. ANTHONY KERN {005).

54
 On December 15, 2020, KERN (005) was interviewed by a reporter for

Epoch Times. He was asked about the Republican electors voting on December

14,2020.Heresponded:

So yesterday, as you know, December 14, the electors

cast their vote for the presidential, uh, elect. In Arizona
and several other states, the Biden electors voted for
Biden and the Trump electors at the same time voted for
President Trump. So both those slates of electors went
to the Capitol. And uh and on January 6, Vice President
Mike Pence gets a choice on which electors he's going to
choose, and I'm, I'm almost positive that the, uh that, on
January 6 there going to be a contested uh electoral
process and if that's contested there's going to be a
debate, and once there's debate, they're going to come
back and vote, and it's going to be just a nice
constitutional lesson for all America to see.

On December 17, 2020, KERN (005) posted on social media, 'Tm calling on

@SpeakerBowers and @dougducey to call an emergency session to decertify the

Biden electors. Then I want a grand jury convened based on the evidence brought

to light today. The Coup cannot hide in the darkness." He later suggested that

Americans "[c]all or email" certain US Senators "and ask to object to the Biden

electoral ballots," and he falsely claimed on December 31, 2020, that "[a] majority

of legal Arizona voters chose @reaiDonaldTrump for a second term. #J6

#DoNotCertify."

55
 On January 5, 2021, KERN (005) spoke at "Stop the Steal" rally in D.C.,

claiming Unindicted Coconspirator 1 was the "true winner" of the election, and

would be named President the following day at the Joint Session of Congress.

v. SAMUEL MOORHEAD {008}.

On June 18, 2022, MOORHEAD (008) wrote on Twitter.com:

We need to take some action about the 2020 election. I

advocate in AZ the legislature decertify the slate of
Biden Electors and certify the slate of Trump electors. I
would hate to go to my grave knowing the electoral vote
I cast was not counted."

vi. MICHAEL WARD {011}.

Before voting as a fake elector, MICHAEL WARD (011) accompanied his

wife, KELLI WARD (001), to Washington D.C., where he posted a picture of Kelli

talking to Unindicted Coconspirator 1:

56
 At:c-ther <.aH tcn~;:ht !t"1Tt POTU$ .}an't Ski ;-,h.lt he ~~j t--w:l 1l~!n ta)\ r;ttp tN:< P1"Sture en
Duceyt

Following his vote on December 14, 2020, MICHAEL WARD (011) posted to
Facebook.com:

~~1. Michael P Ward

'W De-tt:fftter 14, :::o:o- \.~
Proud to cast my vote today as one of Aritona·s 11 legitimate Electors for President Donald J,
Tnunp and VP Mike Pence!

As late as May 2022, MICHAEL WARD (011) continued to reinforce that the

election was stolen, writing on Twitter: "Hey #J6 FU."

Based on the above, and other information reviewed, Defendants and their

unindicted coconspirators deceived the public with false claims of election fraud

in order to prevent the lawful transfer of the presidency, to keep Unindicted

Coconspirator 1 in office against the will of Arizona's voters, and deprive Arizona

voters of their right to vote and have their votes counted. By sending in false

57
electoral votes, they obtained a benefit under Arizona law by creating the

opportunity for Pence to reject the legitimate certified Democratic elector votes

for Biden-Harris and declare Unindicted Coconspirator 1 the winner of the 2020

Presidential election.

Pursuant to A.R.S. § 21-425, the State Grand Jurors find that the offenses

described above were committed in Maricopa County, Arizona.

(A "True Bill")

KRISTIN K. MAYES
ATIORNEY GENERAL
STATE OF ARIZONA
Dated:

~_.. _ _ _··

NICHOLAS KLINGERMAN Fore person of the Grand Jury

Assistant Attorney General

58