Criminal Case Against Fake Electors Can Proceed, Nevada Supreme Court Rules

Chair of the Republican Party of Nevada Michael McDonald speaks on the first day of the Republican National Convention at the Fiserv Forum on July 15, 2024 in Milwaukee, Wisconsin.  (Photo by Leon Neal/Getty Images)
Chair of the Republican Party of Nevada Michael McDonald speaks on the first day of the Republican National Convention at the Fiserv Forum on July 15, 2024 in Milwaukee, Wisconsin. (Photo by Leon Neal/Getty Images)

The Nevada Supreme Court unanimously cleared the way for a criminal case against six supporters of President Donald Trump’s attempt to undermine the 2020 election by falsely claiming to be presidential electors to continue.

The justices overturned Thursday a lower court’s dismissal of the case over procedural issues. The lower court had held that the charges should have been brought in Douglas County, where the fake certificates purporting to be “duly elected and qualified Electors for President” were signed in Carson City, rather than Clark County, where they were received at a Las Vegas courthouse. The high court disagreed, holding that the indictments were properly brought.

Nevada was one of seven states in 2020 where GOP activists signed fake presidential elector documents, which the Trump campaign planned to present to Vice President Mike Pence in the hopes of declaring Trump the victor when Congress certified the election on Jan. 6, 2021. Amid the storming of the U.S. Capitol that day by Trump supporters who called for his hanging, Pence refused. 

The six Trump allies facing forgery charges, which carry a maximum sentence of five-years imprisonment, are Nevada Republican party chair Michael McDonald, vice-chair Jim Hindle, Republican National Committeeman Jim DeGraffenreid, Douglas County Republican party board member Shawn Meehan, local GOP activist Eileen Rice, and Clark County Republican party chair Jesse Law.

These aren’t the only legal challenges facing Law, who took a plea deal in a stalking case earlier this year. 

The unanimous decision follows Trump’s issuance of a mostly symbolic pardon of 77 people who backed the plan to subvert the 2020 presidential elections. While the presidential pardon has no power over state charges like those in Nevada, and none of those pardoned were facing federal prosecution, the move provides assurances to future election meddlers that Trump will protect them.