Following Donald Trump’s loss in the 2020 U.S. presidential election, he and his allies attempted various strategies to overturn the results. One of the most significant efforts was the “fake electors” plot, aimed at subverting the Electoral College process. This scheme involved Republican activists in seven battleground states—Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin—who falsely declared themselves as legitimate electors for Trump. These fake elector certificates were submitted to the National Archives and Congress, aiming to create confusion and provide justification for blocking or delaying Biden’s certification on January 6, 2021.
This effort was coordinated alongside Trump’s legal team’s broader attempts to pressure state officials and Vice President Mike Pence to overturn the election. White House lawyers warned the scheme was unlawful, yet Trump’s inner circle continued pushing it forward, citing dubious legal justifications. Unlike the 1960 Hawaii precedent, where dueling electors were submitted due to an ongoing recount, there were no legitimate legal disputes in 2020 that warranted such actions.
Key Individuals Involved:
- Donald Trump: Directly pushed for the scheme, pressuring officials and advocating for fake electors to be counted.
- Rudy Giuliani: Coordinated efforts with state GOP officials to organize false electors.
- John Eastman & Kenneth Chesebro: Developed legal arguments and strategies for the scheme, with Chesebro drafting key memos.
- Mark Meadows: Trump’s Chief of Staff, involved in strategic discussions.
- Boris Epshteyn & Mike Roman: Played logistical roles, ensuring fake elector certificates were properly submitted.
- State-Level GOP Officials: Various state Republican leaders and activists participated, signing and submitting the false documents.
Legal Implications and Charges:
Authorities at the state and federal levels have investigated and prosecuted those involved. Criminal charges include forgery, conspiracy, fraud, and election law violations. Indictments have been issued in Arizona, Georgia, Michigan, Nevada, and Wisconsin, with Trump himself federally charged in 2023 for conspiring to overturn the election. In some states, fake electors secured immunity deals by cooperating with prosecutors.
Several key figures, including Chesebro and Giuliani, have been indicted. Chesebro pleaded guilty in Georgia and agreed to testify. Michigan charged 16 fake electors with eight felony counts each, and Arizona indicted 18 individuals, including state GOP officials. In Nevada, six fake electors face felony charges, while Wisconsin targeted the organizers of the scheme rather than the electors themselves.
At the federal level, Special Counsel Jack Smith’s indictment of Trump in Washington, D.C., highlights the fake electors plot as a core element of a broader conspiracy to defraud the U.S. Trump’s trial, originally scheduled for 2024, remains pending due to legal challenges.
Investigations and Trials:
- Congressional Investigation: The House Jan. 6 Committee identified the fake electors plan as central to Trump’s election interference efforts.
- State-Level Prosecutions: Arizona, Georgia, Michigan, Nevada, and Wisconsin have active cases, with some guilty pleas and upcoming trials.
- Federal Prosecution: Trump and associates face federal charges, with trials expected in 2024-2025.
Challenges in prosecution include legal maneuvering by defendants and procedural delays. However, the Electoral Count Reform Act (2022) has since clarified that the Vice President’s role in certifying electoral votes is purely ceremonial, preventing similar attempts in future elections.
Public and Political Reactions:
The fake electors plot has divided political opinion. Democrats view it as an attack on democracy and support the prosecutions, while Republicans are split—some defend the electors as a precautionary measure, while others distance themselves. Trump and his allies label the legal actions as politically motivated. Meanwhile, some of the charged electors have continued to run for political office or fundraise, presenting themselves as victims of political persecution.
The ongoing trials will shape the legacy of this unprecedented scheme. The plot has already led to stricter election laws and heightened awareness of attempts to subvert democracy. Whether additional convictions occur or Trump himself faces legal consequences remains to be seen, but the legal and political fallout will likely influence future elections and governance in the U.S.
Sources:
- House Jan. 6 Committee Final Report
- U.S. Department of Justice Indictments (Special Counsel Jack Smith)
- Fulton County, Georgia RICO Indictments
- Michigan Attorney General Press Releases
- Arizona Attorney General Indictments
- Nevada State Prosecution Filings
- Wisconsin Department of Justice Announcements
- Various News Reports (The Washington Post, The New York Times, Politico, CNN)
- Congressional Record: Electoral Count Reform Act (2022)
- Court Filings and Plea Agreements from Georgia, Arizona, and Michigan Cases
