We've got lots of theories, we just don't have the evidence.
In the aftermath of the 2020 election, a coordinated effort to substitute false electoral slates for legitimate ones unfolded across seven swing states — a gambit that failed when Vice President Pence refused to act on it, but whose legal consequences are only now fully ripening. While the nation's attention has fixed on four major criminal cases against former President Trump, quieter investigations in state capitals are methodically building their own records. The fake elector scheme, once treated as a fringe maneuver, has become the subject of sustained prosecutorial scrutiny across multiple jurisdictions, reminding us that in a constitutional republic, the machinery of accountability rarely moves in a single channel.
- At least four swing states are actively investigating the scheme in which Trump loyalists signed documents falsely claiming to be their states' legitimate electors — a plan designed to give Pence a pretext to reject Biden's certified votes on January 6.
- Cracks are forming among defendants in Georgia's racketeering case, with three fake electors arguing they acted under Trump's direction, and key architect Kenneth Chesebro already pleading guilty to conspiracy to file false documents.
- Nevada's investigation centers on six activists who signed fraudulent elector paperwork, with documentary evidence placing one of them on a post-election call with Trump, Eric Trump, Mark Meadows, and Rudy Giuliani — during which the group plotted 'full attack mode.'
- Arizona's probe poses particular danger to Giuliani, who admitted to a Republican state official that his team had 'lots of theories' but no actual evidence of fraud — a statement now potentially available to state prosecutors.
- Evidence flowing from federal trials, guilty pleas, and congressional testimony is steadily fortifying state-level cases, meaning Trump and his allies may face an expanding legal front even as they fight existing charges.
While four major criminal cases against former President Trump have dominated public attention, a quieter legal machinery has been running in parallel across state capitals. At least four swing states where Trump lost in 2020 are actively investigating the fake elector scheme — a plan in which slates of Trump loyalists signed documents falsely claiming to be their states' legitimate electors, hoping to give Vice President Pence grounds to reject Biden's certified electoral votes on January 6, 2021. Pence refused, citing his constitutional oath. Hours later, a pro-Trump mob stormed the Capitol.
In Georgia, Fulton County District Attorney Fani Willis charged three of the state's sixteen fake electors, all of whom have argued in court filings that they acted at Trump's direction — a fracture in what had been a united front. Kenneth Chesebro, widely credited with architecting the scheme, pleaded guilty to conspiracy to file false documents and has since sought permission to travel to Nevada, Arizona, and Washington, D.C., signaling that state prosecutors in those jurisdictions are actively building their cases.
Nevada's investigation focuses on six activists who signed false elector paperwork. Records from the House January 6 committee show that one day after the election, Nevada GOP chairman Michael McDonald — one of the six — was on a call with Trump, Eric Trump, Mark Meadows, and Rudy Giuliani, after which he texted about going into 'full attack mode.' Another Nevada fake elector had emailed Chesebro with an urgent request to coordinate the December 14 elector vote, and had warned fellow party officials four days before the election that a Republican slate would only be sent if they actually won the popular vote.
Arizona's investigation could prove especially damaging to Giuliani. Former state House Speaker Rusty Bowers, a Republican, testified that when he pressed Giuliani for evidence of fraud, Giuliani replied: 'We've got lots of theories, we just don't have the evidence.' Trump himself appeared directly involved in Arizona's pressure campaign — calling Governor Doug Ducey as he signed the state's election certification, then publicly branding him a traitor for proceeding with it.
Michigan has already charged sixteen people with falsely claiming to be the state's electors and says additional charges may follow. New Mexico confirmed its investigation is active. Pennsylvania and Wisconsin have been less forthcoming. As guilty pleas, court filings, and testimony continue to surface in federal and Georgia proceedings, state prosecutors stand to inherit a growing body of evidence — meaning the fake elector scheme, once a footnote in the broader effort to overturn the election, may yet produce a new wave of charges across multiple jurisdictions.
While four federal and state criminal cases against former President Trump have consumed the headlines since his April indictment, a quieter legal machinery has been grinding away in state capitals across the country. At least four swing states where Trump lost in 2020 are actively investigating the scheme to deploy so-called fake electors—slates of Trump loyalists who signed documents falsely claiming to be their states' legitimate electors, a gambit designed to give Vice President Mike Pence cover to reject the actual electoral votes cast for Joe Biden on January 6, 2021.
The plan, engineered primarily by Trump lawyer John Eastman and other attorneys, hinged on Pence's willingness to certify these fraudulent elector slates instead of the genuine ones. On the morning of the certification, Pence refused. In a letter, he explained that his constitutional oath prevented him from unilaterally deciding which electoral votes to count. Hours later, a pro-Trump mob stormed the Capitol in response to both the election results and Pence's refusal to overturn them. Fake electors had convened in Georgia, Arizona, Michigan, Pennsylvania, New Mexico, Nevada, and Wisconsin, each group claiming without evidence that they were the duly elected representatives of their states.
In Georgia, where Fulton County District Attorney Fani Willis brought a sprawling racketeering case against Trump and eighteen others, three of the state's sixteen fake electors were charged: David Shafer, a former state Republican Party chair; Shawn Still, a sitting state senator; and Cathleen Latham, a local GOP official. In court filings, all three have argued they acted at Trump's direction—a crack in the united front that suggests the pressure of prosecution may be fracturing the group. Kenneth Chesebro, another Georgia defendant and the person widely credited with architecting the fake elector scheme itself, pleaded guilty last month to conspiracy to file false documents. His lawyers have since requested permission for him to travel to Nevada, Arizona, and Washington, D.C., citing ongoing investigations into the election fraud cases, a sign that state prosecutors are actively building their cases.
Nevada's investigation, confirmed by Politico last week, centers on six activists who signed false paperwork claiming to be the state's true electors. Nevada Attorney General Aaron Ford, a Democrat, has said the state's laws don't directly address the conduct of fake electors, but he has been careful to note that this gap does not mean his office is powerless to prosecute. Documents from the House January 6 committee reveal that on November 4, 2020—one day after the election—Nevada GOP chairman Michael McDonald, one of the six fake electors, participated in a conference call with Trump, his son Eric, then-chief of staff Mark Meadows, and Rudy Giuliani. McDonald texted afterward that the group wanted "full attack mode" and planned a war room meeting. Another Nevada fake elector, Jim DeGaffenreid, emailed Chesebro in December with the subject line "URGENT-Trump-Pence campaign asked me to contact you to coordinate Dec. 14 voting by Nevada electors." The planning had begun even earlier: four days before the election, DeGaffenreid warned other state party officials that the former Nevada secretary of state would not send a Republican elector slate unless they had actually won the popular vote.
Arizona's investigation, confirmed as ongoing by the state attorney general's office, could prove especially damaging to Giuliani, who led the push to convince state officials to use the pro-Trump alternate electors. In June 2022 testimony before the House committee, former Arizona House Speaker Rusty Bowers, a Republican, recalled pressing Giuliani repeatedly for evidence of election fraud. Giuliani's response was blunt: "We've got lots of theories, we just don't have the evidence." Jenna Ellis, who recently pleaded guilty in Georgia to aiding and abetting false statements, was present at that meeting. Trump himself appeared to take an active hand in Arizona's efforts. As Governor Doug Ducey signed the state's election certification, his phone rang with the ringtone for "Hail to the Chief"—a call from Trump, Ducey later admitted, though he said Trump did not ask him to withhold certification. Trump subsequently tweeted that Republicans would "long remember" Ducey's decision and retweeted a post calling the governor a traitor, adding "TRUE!" to the message.
Michigan has charged sixteen people with falsely claiming to be the state's duly elected electors, and the attorney general's office says it is ongoing and may bring additional charges as evidence develops. New Mexico's attorney general confirmed its investigation is active. Pennsylvania's attorney general declined to comment, though Governor Josh Shapiro, who held the office when the fake elector scheme unfolded, said at the time that the conduct likely did not rise to the level of criminal conduct and that the state would not investigate. Wisconsin's attorney general did not respond to requests for comment.
As the federal cases and Georgia's racketeering prosecution move forward, evidence emerging from guilty pleas, court filings, and testimony could strengthen the hand of state prosecutors. The fake elector scheme, once a footnote in the broader effort to overturn the 2020 election, is now the subject of sustained criminal investigation across multiple jurisdictions—a development that could expose Trump and his closest allies to a new wave of charges even as they defend themselves in existing cases.
Citações Notáveis
My oath to support and defend the Constitution constrains me from claiming unilateral authority to determine which electoral votes should be counted and which should not.— Vice President Mike Pence, in a letter declining to certify fake electors on January 6, 2021
We've got lots of theories, we just don't have the evidence.— Rudy Giuliani, responding to Arizona House Speaker Rusty Bowers' requests for evidence of election fraud
A Conversa do Hearth Outra perspectiva sobre a história
Why does it matter that states are investigating separately from the federal cases? Isn't that just redundant?
It's not redundant at all. State crimes are different from federal crimes. What happened in Nevada might violate Nevada law in ways that don't trigger federal statutes. And state prosecutors can move at their own pace, with their own evidence. They're not waiting for the federal cases to finish.
But the article says Nevada's laws don't directly address fake electors. So how do they prosecute?
That's the open question. Ford said he doesn't have a statute that directly names the conduct, but that doesn't mean there's no law against it. You can charge conspiracy, filing false documents, fraud—the underlying conduct is illegal even if there's no statute that says "fake electors." It's a legal puzzle, but not an unsolvable one.
What's the significance of Chesebro asking to travel to Nevada and Arizona?
It suggests those states are actively building cases and need him to cooperate or meet with investigators. He's already pleaded guilty in Georgia. If he's cooperating with state prosecutors in other states, that's a chain of testimony that could implicate Trump and others at a higher level.
The article mentions cracks forming in Georgia. What does that mean practically?
It means the three fake electors charged there are distancing themselves by saying they acted on Trump's orders, not of their own volition. That's a defense strategy, but it also points the finger upward. If a jury believes them, it strengthens the case that Trump directed the scheme.
So Trump could face charges in multiple states for the same conduct?
Exactly. The same scheme played out across seven states. Each state could charge him separately under its own laws. That's why this matters—it's not just four cases anymore. It could be many more.