Nevada judge dismisses fake elector case against six Republicans

A judge on Thursday dismissed the case against six Nevada Republicans accused of submitting a fraudulent certificate declaring Donald Trump the winner of the state's 2020 presidential election. This ruling represents the latest in a series of setbacks for legal efforts to prosecute individuals who acted as "fake electors" in swing states after Trump's loss to Joe Biden.

The dismissed case is one of several similar actions across the country, with previous dismissals occurring in Arizona, Michigan, and Georgia. Nevada Attorney General Aaron Ford, a Democrat, had brought charges including forgery and offering a false instrument for filing against the six individuals, who had pleaded not guilty. Ford's office intends to appeal Judge Mary Kay Holthus's decision.

Prosecutors contended that the defendants, including Nevada Republican Party chair Michael McDonald, intended for their forged certificate to be counted as legitimate electoral votes by then-Vice President Mike Pence on January 6, 2021. However, the defense argued that submitting the certificate was merely an act of "political theater" aimed at expressing concerns about the election's integrity and preserving their right to challenge the results, without any intent to deceive government officials.

Judge Holthus agreed with the defense, finding insufficient evidence of fraudulent intent. She noted that the defendants "openly announced both their actions and their asserted purpose, rather than concealing their conduct or attempting to secretly induce governmental reliance." The ruling also cited the state's failure to disclose exculpatory evidence to the grand jury as a factor in the dismissal.

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The fact that Defendants openly announced both their actions and their asserted purpose, rather than concealing their conduct or attempting to secretly induce governmental reliance, weighs against a reasonable inference that they acted with fraudulent intent.