An Arizona woman whose name appeared on the 2022 primary election ballot for Congress despite alleged forgeries on her nominating petitions will stand trial this year on multiple counts of fraud in the 2020 election now that she has been declared competent to assist in her criminal defense.
Nina Mae Becker was indicted in October 2020 on 15 counts in connection with fraudulent nominating petitions she filed in an attempt to get her name on the 2020 Republican primary ballot for U.S. House of Representatives. Nearly 70 percent of her nomination petition signatures were rejected, keeping her off the ballot and leading to criminal charges of election fraud.
However, prosecution of the case was quickly put on hold by a Maricopa County Superior Court judge due to concerns with Becker’s mental health. During much of that time, Becker participated in a court-ordered restoration to competency program focused solely on ensuring she understood the six felonies and nine misdemeanors against her and that Becker was able to assist in her own defense.
On Oct. 31, 2022, Judge Amy Michelle Kalman issued an in-depth ruling explaining why she found Becker “understands the proceedings and is able to assist counsel with her defense,” despite evidence the defendant suffers from various mental health issues. By then, the prosecution had been on hold 587 days.
Kalman acknowledged Becker’s defense attorneys do not have an easy client to deal with. The attorneys had complained that despite the restoration to competency process, Becker continued to not respond to advice of counsel, cannot articulate a nexus between her proposed defense theories and the evidence, and refuses “to review and realistically discuss discovery.”
An additional problem, her attorneys argued. is Becker’s “significant reliance on irrational political beliefs.” There is also mention in court documents of Becker’s attempts to bring a Fox News producer to confidential lawyer-client conferences as well as her desire to introduce “vague dirty politics evidence” unrelated to her case.
“Certainly, it appears that Ms. Becker is challenging to represent and to shepherd through this process,” Kalman wrote. “But the Court is convinced that neither Ms.
Becker’s different goals and wishes concerning the progress of her case nor her communications challenges constitute an inability to understand the nature of proceedings or assist counsel in her case.”
Kalman also noted one of the medical professionals who examined Becker was “concerned about Ms. Becker’s potential vulnerability to those that might take advantage of her for political gain,” which was “a concern this Court shares.”
But while Becker is interested in goals that are not the same goals that her counsel has for her, “that is not the same thing as incompetent,” the judge noted.
The case is now assigned to Judge Adam Driggs, who is responsible for moving the matter toward trial. At an April 18 hearing, the judge was told the parties had engaged in plea negotiations but had “been unable to reach an agreement.”
Driggs then conducted a Donald Advisement as part of the hearing, which involves reviewing the charges in detail with the defendant and explaining the potential sentence range for each count in the event Becker is convicted.
Becker once again rejected the State’s plea offer after hearing the advisement, according to court documents.
The parties are now awaiting a trial date, which could be announced as soon as May 2. It will also need to be decided whether Becker will stand trial on all 15 counts as once, or if the felonies will be tried separately from the misdemeanors.
Despite her indictment for 2020 election fraud, Becker went on to file nominating petitions in 2022 to get her name on the primary ballot for U.S. House of Representative in Congressional District 7 against fellow Republican Luis Pozzolo.
Then-Arizona Secretary of State Katie Hobbs accepted Becker’s petitions despite multiple pages of signatures and voter information being written in the same handwriting.
Some local voters initiated legal efforts to keep Becker’s name off the primary ballot, but they were not prepared to defend their election challenge at a hearing.
As a result, Becker’s name appeared against Pozzolo in the August 2022 primary even though hundreds of the signatures and other information on her petitions were clearly forged or fake.
Pozzolo admitted his frustration at the time with then-Attorney General Mark Brnovich for not being proactive in protecting CD7 voters by taking steps to keep Becker’s name off the 2022 primary ballot. It was Brnovich’s office which sought the state grand jury indictment and which is currently prosecuting Becker.
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