As part of Donald Trump and his allies’ nationwide effort to undermine the 2020 presidential election, 84 total fake electors across seven states signed false electoral certificates claiming that Trump won the election in their states. As of July 2024, fake electors from Arizona, Georgia, Michigan and Nevada have been charged with crimes, and the remaining fake electors in New Mexico, Pennsylvania and Wisconsin do not currently face charges.

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In Arizona, the final three fake electors involved in efforts to illegally overturn the 2020 presidential election were arraigned on June 18, 2024, and a trial date is forthcoming. In total, 11 fake electors and seven Trump aides including former Trump adviser Rudy Giuliani and former White House chief of staff Mark Meadows are facing charges for their involvement in Arizona. All 18 of the defendants face felony charges including conspiracy, forgery and fraud, and all have pleaded not guilty. 

At least three of the 16 fake electors in Georgia have been indicted and face prosecution, while eight have agreed to immunity deals. Lieutenant Governor Burt Jones, who was a state senator at the time he allegedly falsified electoral certificates, is facing a special investigation by a state prosecutor. 

A Michigan trial court is receiving ongoing witness testimony including from James Renner, a fake elector who entered a deal with the government. The remaining 15 fake electors may or may not be charged—notably, prosecutors must prove beyond a reasonable doubt that the fake electors knew they were breaking the law when they signed the fraudulent certificates, and Renner has testified that he and the other defendants were unaware that what they were doing was illegal.

The case against Nevada’s six fake electors was dismissed on June 21, 2024 with the judge explaining that the cases needed to refiled in Douglas County, Nevada where the false electoral certificates were originally signed. The judge who dismissed the case without prejudice called the scheme “a crime that has occurred in another jurisdiction.”

In three other states, New Mexico, Pennsylvania and Wisconsin, charges against the fake electors have not been filed. In both New Mexico and Pennsylvania the fake electors added a clause to their false electoral certificates saying that their votes should be counted only if a court found them to be valid electors. In Pennsylvania, that conditional clause makes it unlikely the fake electors will be criminally prosecuted, while the attorney general in New Mexico has explained that its state’s laws criminalizing forgery do not cover signing false electoral certificates. In Wisconsin, the individuals who delivered the fake electoral certificates to Congress have been indicted, but charges have not been filed against the fake electors themselves. Because the fake electors themselves have yet to face criminal accountability, Wisconsin is therefore noted not to have filed charges against its fake electors in this tracker.

The dozens of indictments across the four states that have brought charges so far reflect the gravity of the fake electors’ actions and the importance of accountability for those who participated. In order to best protect against another fake electors scheme in the future, all those who violated state and federal laws to undermine the 2020 election should be held legally accountable.

The table below reflects the current status of each state in regards to indicting its fake electors, including whether charges have been filed, the status of the cases, the number of fake electors and whether the fake electors had contact or were coordinating with the Trump campaign.

wdt_ID State Charges filed? Status of case Number of fake electors Contact/coordination with Trump campaign? Links
1 Arizona Yes Arraignments of the 18 defendants (11 of which are the fake electors) began in May 2024. Once all 18 defendants have been arraigned, a trial date will be set. The AG has not indicated whether she intends to try all 18 defendants separately or jointly. 11 Former Trump adviser Rudy Giuliani and former WH chief of staff Mark Meadows are among those facing charges in the case, suggesting some level of coordination.Trump also allegedly attempted to pressure former AZ Governor Doug Ducey to overturn the state's 2020 election results by calling him himself as well as asking VP Pence to pressure Ducey to find fraudulent votes in Arizona to change the election results. Trump and attorney John Eastman also called AZ House Speaker Rusty Bowers directly in an attempt to pressure Bowers to help in the fake electors scheme. Read more
2 Georgia Yes As of September 2023, at least 8 of the fake electors were granted immunity in this case in exchange for their cooperation in prosecuting the other co-defendants. The fake electors who did not plead guilty are David Shafer, Cathleen Latham and Georgia State Senator Shawn Still. There is a special investigation being conducted for the last fake elector, current Lieutenant Governor Burt Jones.The judge in that case is currently hearing arguments about whether some or all of the charges should be dropped against Trump. 16 Rudy Giuliani assisted with spreading unsupported allegations of voter fraud in Georgia. John Eastman wrote a memo detailing how Trump could remain in power if then-VP Pence overturned the results of the electoral certification. Mark Meadows aided in getting Trump in contact with the chief investigator over their case. Kenneth Chesebro, another lawyer and ally of Trump, played a major role in organizing the fake electors across several states. Jeffrey Clark, a DOJ official, allegedly used his official power to help overturn the 2020 election. Read more
3 Michigan Yes Beginning February 2024 and continuing as recently as May 2024, the trial court has been receiving witness testimony in a preliminary hearing. Renner testified (as a part of his deal to cooperate with the government) that he and the other defendants were unaware that what they were doing was illegal. After the preliminary hearings conclude, the court will decide whether there is sufficient evidence to substantiate the charges against the last 15 fake electors. A trial date has not been set. 16 Witness testimony heard by the court during preliminary hearings has alluded to one of Trump's attorneys being involved, but no specific names have been provided by any defendants or witnesses thus far. Read more
4 Nevada Yes On June 21, 2024 a Clark County District Court dismissed the charges for lack of jurisdiction. The Attorney General promised to appeal. 6 Kenneth Chesebro was in contact with at least one of the fake electors about the fake electors' plan in Nevada. Chesebro has agreed to testify in this case in order to avoid being charged. Read more
5 New Mexico No The AG has said they can't be prosecuted because, unlike in other states, the New Mexico fake electoral certificates would only have been valid if the signatories were later determined to be legitimate electors. 5 Kenneth Cheseboro allegedly drafted and sent fake certificates to New Mexico as requested by one of Trump's campaign staffers in order to roll out the fake electors scheme in New Mexico. Read more
6 Pennsylvania No The AG has stated that due to the conditional clause included in the certificates signed by the fake electors that their actions do not meet the legal standards for forgery. 20 The plan was reportedly coordinated by the Trump campaign, who appointed State Senator Doug Mastriano to lead the fake electors in PA. Trump attorney James Fitzpatrick was also involved in the scheme. Read more
7 Wisconsin No Attorney General Josh Kaul has not confirmed or denied that his office is investigating the 10 fake electors, but on June 4, 2024, his office announced related charges against those responsible for delivering the fake certificates to Congress, implying an ongoing investigation. While the fake electors themselves have yet to be criminally charged, they settled a civil lawsuit which required the release thousands of documents revealing the details of the fake electors' coordinated plan. 10 Documents released in March reveal communication between Trump campaign officials and the fake electors. Read more
State Charges filed? Status of case Number of fake electors Contact/coordination with Trump campaign? Links

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Arizona:
Georgia
Michigan
Nevada
Pennsylvania

 

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