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Mich. AG wants cases against 2020 GOP fake electors to go ahead

Michigan Attorney General Dana Nessel announces felony charges against 16 Republicans who, her office alleges, broke state law by acting as false electors in the 2020 presidential election
Michigan Attorney General's Office
Michigan Attorney General Dana Nessel announces felony charges against 16 Republicans who, her office alleges, broke state law by acting as false electors in the 2020 presidential election

Michigan Attorney General Dana Nessel is pushing ahead with criminal cases against Republicans accused of falsely presenting themselves as presidential electors in an effort to overturn the results of the 2020 election.

The allegations say it was part of a scheme to try to switch Michigan’s 16 electoral votes to Donald Trump even though Joe Biden won the state. The charges allege the false electors sent forged certificates to state and federal authorities.

“The fraudulent certificate of votes was falsely made, forged or counterfeit. First, it was not, as it purported to be, the certificate of electoral votes for Michigan,” says the state’s argument. “The Republican elector nominees for 2020 were not (and never became) the 2020 presidential electors for Michigan.”

The state’s filings, urging a judge to move the cases to trial, take aim at the argument that the false electors were only standing by in case the results of the 2020 presidential election were thrown out by courts. By the time the Michigan’s electors convened at the state Capitol on December 14 that year, there were no legal challenges pending. The filing also relies heavily on recordings and messages shared between the false electors.

The false Trump electors showed up at the state Capitol, where they were turned away. The group also sent signed-but-invalid elector certificates to state and federal officials, which was the basis for the forgery charges.

Messages left with some electors or their attorneys and the Michigan Republican Party were not returned.

This round of motions was filed in the first six cases against a total of 13 defendants, but an Attorney General’s office spokesperson said similar requests should be filed in all the cases before the end of the year. The defendants will also be allowed to file responses to argue why the judge should dismiss the charges.

False electors in other states are also charged with similar crimes. Trump won Michigan in this year's election. A federal judge has dismissed charges against Trump of attempting to overturn the 2020 election because it would be unconstitutional to prosecute a sitting president.

Rick Pluta is Senior Capitol Correspondent for the Michigan Public Radio Network. He has been covering Michigan’s Capitol, government, and politics since 1987.