Judge Kristen Simmons, an appointee of Democratic Gov. Gretchen Whitmer, tossed out criminal charges against 15 fake electors in an Ingham County District Court on Tuesday, saying the Republicans were exercising their constitutional rights by seeking a redress of grievances about the 2020 presidential election.
Joe Biden won Michigan’s 16 electors by 154,000 votes, and a 51%-48% margin in the 2020 election.
Over the last two years, Simmons held preliminary exams for Republican fake electors charged with felony forgery and uttering and publishing counts. Today’s court ruling was a determination that Attorney General Dana Nessel could not provide enough evidence to prove probable cause that crimes were committed in order to bring the cases to trial.
Simmons said Nessel could not definitively prove that the Republicans knew that the certificate they signed would be used to try to overturn the election result.
The document the Michigan Republicans signed during a Dec. 14, 2020, gathering said they were Michigan’s “duly elected and qualified” presidential electors. The document also stated that they were signing inside the Capitol, but they were in fact signing inside party headquarters.
Some of the GOP electors had said they believed the document was only a contingency in case of a future turnover of election results, and some also said they were acting on advice of GOP lawyers, and had no intent to defraud.
One of those electors, Meshawn Maddock, a former party leader said she still believes that the 2020 election was stolen from Trump by Biden.
In reaction to the judgement, Republicans painted themselves as victims.
- Meshawn’s husband Matt Maddock said he plans to sue AG Nessel.
- GOP lawyer David Kallman said, “This whole charade was a waste of time, was a waste of taxpayer money.”
- “These are years and years these people have had it over their head and she enjoys it,” former state lawmaker Tom McMillin said of Nessel’s office.
- “It’s been going on for five years,” county GOP trustee Sam Harris said. “A lot of these people are older, it’s hurt them financially, bankrupt some, it’s affected their health.”
Nessel’s reaction:
Attorney General Dana Nessel … told reporters that the evidence was “overwhelming” and “clear” and that her team is evaluating whether to appeal. Judges in Michigan and elsewhere are fearful of retaliation and intimidation when they preside over cases involving Trump, who won the 2024 election to get a second term as president, Nessel said.
“I am terrified for the 2026 elections,” Nessel said. “And not because I am worried somebody I support will lose. I am worried that President Trump and his aiders and abettors and followers have already ensured that no future American election will ever really be fair or free.”