Nevada Judge Dismisses Fake Elector Case

A Nevada district court judge dismissed a criminal case against six individuals accused of submitting a false certificate of electoral votes for the 2020 presidential election. Judge Mary Kay Holthus of Clark County District Court ruled Friday that state prosecutors filed the charges in the incorrect county.

The state attorney general's office charged the six defendants with offering a false instrument for filing and uttering a forged instrument, both felonies. The charges stemmed from their actions as alternate electors for former President Donald Trump.

Attorney General Aaron Ford’s office filed the case in Clark County, arguing the alleged crime impacted the state capital, Carson City, which falls within Clark County’s district court jurisdiction. Prosecutors contended the conspiracy occurred in Clark County, and one defendant resided there. They also asserted that state law allowed them to pursue the case there because the Nevada Secretary of State, located in Carson City, received the document.

Judge Holthus stated that Nevada law specifies criminal cases must be heard in the county where the alleged crime occurred. She found that the document in question, an electoral certificate, was submitted to the Secretary of State's office in Carson City, located in Carson City County, not Clark County. Holthus also noted the indictment did not allege that the defendants forged the certificate in Clark County.

Ross Miller, representing defendant Michael McDonald, argued that the state filed the case in Clark County for political reasons. McDonald served as the Nevada Republican Party chair and was one of the six indicted individuals. McDonald and the other five defendants pleaded not guilty to the charges in December.

Defendants Jesse Law, Jim DeGraffenreid, Durward James Stover, Samuel Thomas Brown, and Shawn Meehan were also part of the case. They submitted a certificate to the National Archives in December 2020, declaring Trump the winner of Nevada's six electoral votes despite official results showing Joe Biden won the state. These defendants also signed documents claiming to be the state's “duly elected and qualified electors.”

Attorneys for the defendants maintained their clients acted in good faith. They said their clients believed they were preserving Trump’s legal options, similar to processes used in past elections. They stated the alternate electors explicitly conditioned their votes on Trump winning legal challenges to the election results.

Prosecutors announced their intent to appeal Judge Holthus’s decision. Attorney General Ford’s office stated they disagree with the judge’s interpretation of the law regarding jurisdiction. They indicated they would continue to pursue the case. The case marks one of several legal actions initiated against individuals who acted as alternate electors in states Trump lost in the 2020 election.