electors

LANSING, Mich. — A Michigan judge dismissed criminal charges Tuesday against a group of people who were accused of attempting to falsely certifying President Trump as the winner of the 2020 election in the battleground state, a major blow to prosecutors as similar cases in four other states have been muddied with setbacks.

District Court Judge Kristen D. Simmons said in a court hearing that the 15 Republicans accused will not face trial. The case has dragged through the courts since Michigan Atty. Gen. Dana Nessel, a Democrat, announced the charges over two years ago.

Simmons said she saw no intent to commit fraud in the defendants’ actions. Whether they were “right, wrong or indifferent,” they “seriously believed” there were problems with the election, the judge said.

“I believe they were executing their constitutional right to seek redress,” Simmons said.

Each member of the group, which included a few high profile members of the Republican Party in Michigan, faced eight charges of forgery and conspiracy to commit election forgery. The top felony charges carried a maximum penalty of 14 years in prison.

Supporters, friends and family crowded in the hallway outside the courtroom cheered when the judge said the cases would be dismissed. Defendants leaving the courtroom cried and hugged friends and family. One woman wept as she hugged another and said, “We did it.”

Investigators said the group met at the Michigan GOP headquarters in December of 2020 and signed a document falsely stating they were the state’s “duly elected and qualified electors.” President Joe Biden won Michigan by nearly 155,000 votes, a result confirmed by a GOP-led state Senate investigation in 2021.

Electors are part of the 538-member Electoral College that officially elects the president of the United States. In 48 states, electors vote for the candidate who won the popular vote. In Nebraska and Maine, elector votes are awarded based on congressional district and statewide results.

One man accused in the Michigan case had the charges against him dropped after he agreed to cooperate with the state attorney general’s office in October 2023. The other 15 defendants pleaded not guilty and have maintained that their actions were not illegal.

Judge Simmons took nearly a year to say whether there was sufficient evidence to bring the cases to trial following a series of lengthy preliminary hearings.

Prosecutors in Nevada, Georgia, Wisconsin and Arizona have also filed criminal charges related to the fake electors scheme. None of the cases have neared the trial stage and many have been bogged down by procedural and appellate delays.

In Nevada, the state attorney general revived a case against a group of allegedly fake electors last year, while a judge in Arizona ordered a similar case back to a grand jury in May. In Wisconsin last month, a judge declined to dismiss felony charges against three Trump allies connected to a plan to falsely cast electoral ballots for Trump even though Biden won the state in 2020.

The Georgia prosecution is essentially on hold while Fulton County District Attorney Fani Willis in Atlanta, who brought the charges against President Trump and others appeals her removal from the case. Technically, Trump is still a defendant in the case, but as the sitting president, it is highly unlikely that any prosecution against him could proceed while he’s in office.

The effort to secure fake electors was central to the federal indictment against Trump that was abandoned earlier this year shortly before Trump took office for his second term.

Volmert writes for the Associated Press.

WASHINGTON — The campaign of likely independent presidential candidate Ross Perot on Sunday confirmed that it has asked electors running on Perot tickets to sign notarized oaths pledging their loyalty to the Texas billionaire and their commitment to vote for him in the Electoral College.

The statement came only two days after a senior campaign spokeswoman had described reports of the oaths as “absurd”–a mistake that appears to highlight continued disorganization within the campaign.

Also, the distribution of the oaths–which have been strongly criticized by some Perot electors asked to sign them–underscored growing tensions between grass-roots Perot volunteers in the states and the campaign hierarchy in Dallas.

Campaign spokeswoman Elizabeth Maas on Sunday strongly defended the oaths as necessary to ensure that electors will maintain their support for Perot if he wins a plurality of votes within a state.

Voters who cast ballots for the presidency actually are selecting electors pledged to vote for the candidate when the Electoral College votes in December. But in most states, there is no legal requirement that electors vote for the candidate they are pledged to.

While the Democratic and Republican parties can recruit electors from among a stable of loyal party activists, the Perot campaign has had to find its electors among thousands of volunteers, many of them with no prior ties to Perot and “no history of support for him,” Maas said.

Other Perot aides said Sunday that the campaign is increasingly concerned about many of its volunteers–fearing that some who have signed up as electors might ultimately prove to be uncontrollable or even Republican “moles.”