Arizona is 4th state to pursue criminal penalties against fake electors. What are the others?
Supporters of former President Donald Trump in seven states sent paperwork to Congress after the 2020 election, attempting to create a path to keep the Republican in the White House despite his loss to Democrat Joe Biden.
Arizona on Wednesday became the latest of those states to bring charges against the individuals who are often called “fake electors.” The other six states where the plot took place are Georgia, Michigan, New Mexico, Nevada, Pennsylvania and Wisconsin.
Prosecutors in three of those states have pursued criminal penalties against the Trump electors there, with Georgia's case being the widest in scope. Arizona's is also broad, in that it brings allegations against key Trump allies who orchestrated the plot. But unlike Georgia's case, Trump himself is not facing charges.
Here’s what to know about those cases and when they began.
Michigan
Charging date: July 18, 2023
Michigan Attorney General Dana Nessel, a Democrat, announced her office had charged 16 people with eight crimes each. The charges include conspiracy to commit forgery, publishing a false record “with intent to injure or defraud,” and other counts.
Nessel at first referred the investigation to prosecutors in Washington, D.C., but reopened her case in January 2023 after inaction from the federal government, according to The Detroit Free Press.
If convicted, penalties range from five to 14 years, according to Nessel’s office. Unlike in other states, the charges were brought by Nessel’s office and not a grand jury.
The individuals charged include a co-chair of the state’s Republican party, a GOP national committeewoman, a former elector and others active in local government and political leadership. They are Kathy Berden; William (Hank) Choate; Amy Facchinello; Clifford Frost; Stanley Grot; John Haggard; Mari-Ann Henry; Timothy King; Michele Lundgren; Meshawn Maddock; James Renner; Mayra Rodriguez; Rose Rook; Marian Sheridan; Ken Thompson; Kent Vanderwood.
Case status: One defendant — Renner — reached a cooperation agreement to help prosecutors in exchange for his charges being dropped. A Michigan judge is considering preliminary testimony to decide whether there is enough evidence to continue the prosecution, a routine stage of a case required by state law there.
Georgia
Charging date: Aug. 14, 2023
A Georgia grand jury indicted Trump and 18 others in a sweeping case targeting election interference. Among the three states that had brought charges before Arizona, this has the broadest scope and alleges a coordinated criminal enterprise.
The 98-page indictment lays out 40 charges, though each defendant is not facing every charge. The charges include violating Georgia’s racketeering law, impersonating a public officer, making false statements and writings, and others.
Three electors who claimed Trump won are named in the indictment. Other people charged include Rudy Giuliani, Trump’s former lawyer and a former mayor of New York City, Trump's former chief of staff Mark Meadows, and other close aides to the former president.
Eight Trump electors agreed to help prosecutors with their case before the grand jury indictment, and multiple former Trump aides have accepted plea deals since being charged, according to reporting by USA TODAY.
Fulton County District Attorney Fani Willis, a Democrat elected in 2020, launched the investigation in February 2021. Willis’ affair with a special prosecutor working the case drew controversy and a fresh legal battle, giving Trump and others ammunition to amplify claims the prosecution was corrupt. A judge in March allowed Willis to stay on the case if the special prosecutor resigned, which he did, USA TODAY reported.
Others charged include former Department of Justice lawyer Jeffrey Clark; Trump 2020 campaign official Mike Roman; Trump campaign attorney Ray Smith; Trump lawyers Jenna Ellis, John Eastman, Kenneth Chesebro and Sidney Powell; Georgia Republican Party chairman and elector David Shafer; and false electors Shawn Still and Cathy Latham.
Others were charged after they promoted false claims of election fraud or intimidated election workers: attorney Robert Cheeley; pastor Stephen Lee; Trevian Kutti, a publicist; bail bondsman Scott Hall; Coffee County elections supervisor Misty Hampton; and Black Voices for Trump leader Harrison Floyd.
Case status: Trump has pleaded not guilty and recently lost a court argument that his claims about the 2020 election were protected political speech. The case is ongoing.
Charged: Arizona grand jury indictment of fake electors
Georgia indictment: A deeper look at the people charged and their roles
Nevada
Charging date: Dec. 6, 2023
A Clark County grand jury charged six Trump electors with two felonies each — offering a false instrument for filing and uttering a forged instrument — according to USA TODAY.
Nevada Attorney General Aaron D. Ford, a Democrat, publicly confirmed the investigation in early December 2023 after it had been ongoing for years.
The individuals charged include state and local GOP leaders. They are state Republican Party Chairman Michael McDonald, Republican National Committeeman Jim DeGraffenreid, Clark County Republican Party Chair Jesse Law, Durward James Hindle III, Shawn Meehan and Eileen Rice, according to a copy of the indictment and reporting by USA TODAY.
Case status: Ongoing.
Read more about it: Grand jury indicts fake electors who falsely certified Donald Trump as 2020 winner in Arizona
Reach reporter Stacey Barchenger at [email protected] or 480-416-5669.
This article originally appeared on Arizona Republic: What states have fake electors? Plots in Arizona, 6 other states