LAS VEGAS, Nevada — A Nevada judge dismissed criminal charges Thursday against six Republicans who signed a false certificate declaring Donald Trump the winner of the state’s 2020 presidential election, ruling prosecutors failed to establish that they intended to defraud government officials.
Clark County District Judge Mary Kay Holthus found that the defendants’ decision to conduct the alternate-elector ceremony publicly weighed against proving fraudulent intent. She also determined prosecutors failed to present potentially exculpatory evidence to the grand jury.
The six Republicans, including Nevada GOP Chair Michael McDonald and former Clark County GOP Chair Jesse Law, signed documents assigning Nevada’s six electoral votes to Trump even though Joe Biden won the state by 33,596 votes. Prosecutors argued the documents were intended to be treated as legitimate electoral votes during the Jan. 6, 2021, congressional certification.
Defense attorneys maintained the certificate amounted to “political theater” intended to preserve a potential challenge to the election rather than deceive officials. Holthus agreed there was insufficient evidence to prove otherwise.
The ruling does not validate Trump’s claims that he won Nevada in 2020; Biden’s victory remains the certified result.
Democratic Attorney General Aaron Ford said his office will appeal to the Nevada Supreme Court. It is the second dismissal of the Nevada case after an earlier ruling based on improper venue was later overturned by the state’s highest court.
Similar elector prosecutions have encountered setbacks in Arizona, Michigan and Georgia, while a Wisconsin case remains pending.
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