Sixteen people charged in Michigan 2020 false elector scheme

Sixteen people who signed paperwork falsely claiming Donald Trump won the 2020 presidential election in Michigan have been criminally charged, Michigan’s attorney general, Dana Nessel, a Democrat, announced on Tuesday.

Michigan was one of several swing states that Trump lost in 2020 in which he and his legal team convened alternate slates of electors as part of an effort to overturn the election. The Tuesday charges mark the first time any of the electors have been charged.

Each of the fake electors was charged with eight felony counts, including multiple counts of forgery, a felony punishable by 14 years in prison in Michigan. The other charges include conspiracy to commit forgery, conspiracy to commit uttering and publishing, conspiracy to commit election law forgery, and election law forgery. The charges were filed in state court in Lansing, the Michigan capital.

The 16 people charged include Meshawn Maddock, a former co-chair of the Michigan Republican party, and Kathy Berden, a national commiteewoman for the Republican National Committee. The other 14 fake electors held various connections to the state and local party.

Knowing that Trump lost the election, the 16 electors met in the basement of the Michigan Republican party headquarters on 14 December 2020 – the same day the legitimate electors convened, and three weeks before Congress would meet to certify the election results on 6 January – and knowingly signed “multiple certificates” falsely proclaiming Trump the winner in their state, Nessel said in a statement. Those certificates were transmitted to the National Archives in Washington.

“This plan – to reject the will of the voters and undermine democracy – was fraudulent and legally baseless,” Nessel said in recorded remarks. “The False Electors’ actions undermined the public’s faith in the integrity of our elections, and not only violated the spirit of the laws enshrining and defending our democracy but, we believe, also plainly violated the laws by which we administer our elections in Michigan and peaceably transfer power in America.

“Undoubtedly, there will be those who will claim these charges are political in nature. But where there is overwhelming evidence of guilt in respect to multiple crimes, the most political act I could engage in as a prosecutor would be to take no action at all,” Nessel added.

The Michigan charges come as both the justice department and the district attorney in Fulton county, Georgia, are examining fake electors as part of a broader inquiry into Trump’s efforts to overturn the 2020 election. Trump announced on Tuesday he had received a letter from the justice department saying he was a target of an investigation. Charges in Fulton county are expected sometime before the end of August.

Nessel referred the fake electors to the justice department in January 2022, but reopened the case earlier this year when federal prosecutors had not brought charges, according to a person familiar with the matter.

Slates of false electors were convened in Arizona, Georgia, Michigan, New Mexico, Nevada, Pennsylvania and Wisconsin. In addition to the criminal investigations into the broader scheme, there is also a civil lawsuit in Wisconsin seeking $2.4m from those who signed their names and to block them from serving as electors again.

Hugo Lowell contributed reporting