Richie Diesterheft / Wikimedia Commons
Why It Matters
A Nevada state judge has dismissed criminal charges against six Republicans accused of submitting a fraudulent presidential elector certificate in 2020, marking another setback for prosecutions of so-called fake electors across multiple states. The ruling, handed down Thursday, concludes that prosecutors failed to prove the defendants intended to deceive government officials—a core element of forgery charges.
The case centered on Republicans who signed an alternative electoral certificate awarding Nevada’s six electoral votes to Donald Trump after Former President Joe Biden won the state by more than 30,000 votes. The dismissal comes as similar cases have collapsed in Arizona, Michigan, and Georgia, leaving only a Wisconsin case still active.
What Happened
Nevada Attorney General Aaron Ford, a Democrat running for governor, charged six Republicans with forgery and offering a false instrument for filing or record. The defendants—including Michael McDonald, chair of the Nevada Republican Party, and Jesse Law, former chair of the Clark County Republican Party—all pleaded not guilty.
On January 5, 2021, the six electors held a public ceremony outside the Nevada Legislature and broadcast their actions online, signing a certificate they intended for Vice President Mike Pence to count during the January 6 joint session of Congress. The certificate mirrored the format of Nevada’s official electoral certificate but bore their signatures instead.
The judge found that prosecutors presented insufficient evidence to show the electors acted with fraudulent intent. More significantly, the court determined that Nevada’s Attorney General’s Office failed to disclose exculpatory evidence to the grand jury—evidence favorable to the defendants—a violation that independently warranted dismissal.
Richard Wright, defending McDonald, argued that the defendants’ open and public approach contradicted any fraudulent purpose. “The fact that Defendants openly announced both their actions and their asserted purpose, rather than concealing their conduct or attempting to secretly induce governmental reliance, weighs against a reasonable inference that they acted with fraudulent intent,” Wright said, as reported by the Post Register.
By the Numbers
- 6 Republicans charged in the Nevada case
- 6 electoral votes at stake
- 30,000+ votes: Biden’s winning margin in Nevada
- 4 states (Arizona, Michigan, Georgia, Nevada) where fake elector cases have been dismissed or are no longer active
- 1 state (Wisconsin) where prosecution continues
What’s Next
Nevada’s Attorney General’s Office announced plans to appeal the dismissal. The appeal will likely focus on whether the judge’s interpretation of the forgery statute aligns with state law or whether additional evidence supports prosecution.
The collapse of fake elector prosecutions in multiple states raises questions about the strength of the legal theory prosecutors have pursued. The Wisconsin case remains the last active prosecution of its kind, offering a final test of whether charges can survive judicial scrutiny in any state.
National Context
The fake electors scheme involved coordinated efforts across multiple states to create alternative certificates in seven contested states, with the intent that Pence might have grounds to reject the official Electoral College results during the January 6 joint session. Federal prosecutors pursued cases against some participants, but state-level prosecutions have faced mounting legal obstacles.
Nevada’s case was moved from Carson City to Clark County (Las Vegas area) at the Attorney General’s request, potentially shifting the jury pool. The dismissal nonetheless reflects judicial skepticism about whether the defendants’ public conduct and stated purpose fit the legal definition of forgery, which typically requires intent to defraud.
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