Key facts
- A Nevada judge dismissed a case against six Republicans accused of submitting a false certificate of election results for the 2020 presidential election.
- The defendants, including Nevada GOP Chair Michael McDonald, were charged with forgery and offering a false instrument for filing.
- The judge cited the withholding of exculpatory evidence from the grand jury and the public nature of the electors' actions.
- Nevada Attorney General Aaron Ford stated his office will appeal the dismissal to the Nevada Supreme Court.
- Similar cases against fake electors have been dismissed in Michigan and Georgia, and a federal case against Donald Trump was dropped.
A Nevada judge has dismissed criminal charges against six Republicans accused of submitting a false certificate of election results in the 2020 presidential election, a decision the state's Attorney General vowed to appeal.
District Judge Mary Kay Holthus ruled that the state withheld exculpatory evidence from the grand jury that indicted the defendants, including Nevada Republican Party Chair Michael McDonald and former Clark County Republican Party Chair Jesse Law. Holthus also noted that the false electors cast their ballots publicly and did not attempt to conceal their actions, and that no election officials believed the certificates were legitimate.
The dismissal marks another setback for prosecutors in swing states seeking to hold individuals accountable for submitting alternate slates of electors for Donald Trump. Similar cases have been dismissed in Michigan and Georgia, and a federal case against Trump himself was dropped. Arizona's Attorney General recently dismissed her case but intends to seek a new indictment.
Prosecutors had argued that the defendants intended their false certificates to be mistaken for legitimate electoral votes that then-Vice President Mike Pence would count during the January 6, 2021 congressional session. The defense maintained that the act was "political theater" to publicize election concerns and preserve legal rights, without intent to deceive government agencies.
A fake electors case remains ongoing in Wisconsin against attorney Kenneth Chesebro and two other Trump campaign allies.