A Nevada judge has dismissed criminal charges against six Republicans accused of falsely claiming to be presidential electors for Donald Trump in the 2020 election. The judge ruled that state prosecutors did not prove the electors intended to deceive election officials.
Clark County Judge Mary Kay Holthus stated, “The State failed to present sufficient evidence from which a reasonable grand jury could infer the requisite intent to defraud,” describing the evidence as “at best, minimal.”
Holthus criticized the case brought by Attorney General Aaron Ford, marking a setback for efforts to prosecute Trump allies who attempted to overturn the 2020 election results. Ford announced plans to appeal the decision.
Ford stated, “The District Court’s decision is, once again, wrong, and we will appeal to the Nevada Supreme Court, just as we did when the court first dismissed our case against these defendants. My office will continue to work to hold these fake electors accountable for their actions which attempted to undermine our democracy and erode trust in our elections.”
Similar charges against Trump, filed by special counsel Jack Smith and prosecutors in Georgia, were dismissed following his victory in the 2024 election. Cases involving false electors have also been dismissed in Arizona, Nevada, Michigan, and Georgia.
After Trump’s 2020 election loss, he and his advisors sought legal avenues to challenge the results. One strategy involved organizing slates of Republican electors in seven states won by Joe Biden, who would vote for Trump.
These “alternate” electors were reportedly told their votes were provisional, to be counted only if Trump’s legal efforts succeeded. When these efforts failed, Trump’s legal team planned to use the false electoral votes to disrupt the January 6, 2021, Congressional session, where Biden’s win was to be certified. The false electors’ existence was used to pressure then-Vice President Mike Pence to declare Trump the winner or block Biden’s certification.
Investigations into the lead-up to January 6, 2021, revealed many false electors were unaware their votes might be used to disrupt Congress or pressure Pence. A Michigan judge, dismissing charges against the state’s GOP electors, indicated that those organizing the effort might be responsible, even if the electors were not.
In Wisconsin, charges remain against Kenneth Chesebro, a primary architect of the Electoral College plan, and two Trump campaign allies.
The Nevada case, involving GOP Chair Michael McDonald, faced difficulties from the outset. Holthus previously dismissed it due to jurisdictional issues, but it was reinstated by the state Supreme Court.
In her recent ruling, Holthus noted the state withheld key exculpatory evidence from the grand jury and that the false electors acted openly, intending to preserve legal challenges without hiding their actions. She emphasized no Nevada officials believed the false GOP certificates were valid.
Holthus concluded, “The GOP Certificate was not a document that could legally be accepted, filed, registered, or recorded under Nevada or federal law.”
