After years of headlines and heartburn for 15 Michigan Republicans, Democratic Attorney General Dana Nessel’s “fake elector” crusade slammed into a brick wall. On Sept. 9, Lansing 54-A District Court Judge Kristen D. Simmons, a Whitmer appointee, ruled the electors will not stand trial.
Back in December 2020, the Republican electors signed paperwork as alternate electors, preserving Donald Trump’s legal options while challenges to the election were still active. Democrats branded them criminals, while the electors insisted they were acting within their rights and following advice given at the time. The judge agreed.
Simmons dismantled the state’s case, saying flatly: “I don’t believe that there is evidence sufficient to prove intent. I believe there is insufficient evidence brought on this record to even establish… what their duties would be.”
She noted that far from being scheming criminals, the electors appeared to believe they were fulfilling a civic duty. The judge also pointed out that the documents themselves didn’t even look like an attempted fraud: “This alternate document doesn’t state it’s an official document of the state of Michigan, doesn’t contain a certificate of votes. No one attempted to forge the governor’s signature, and no one attempted to create a fake seal.”
Instead, Simmons emphasized that the electors acted on sincerely held beliefs and constitutional rights: “I believe that they were executing their constitutional right to seek redress… This is not an election interference case… sending an alternate document… was their intention.”
In her final words from the bench, Simmons declared: “These cases will not be bound over to the Circuit Court. Each case will be dismissed.”
The list of defendants included Republican National Committeewoman Kathy Berden, former state GOP co-chair Meshawn Maddock, as well as Hank Choate, Amy Facchinello, Clifford Frost, Stanley Grot, John Haggard, Mary-Ann Henry, Timothy King, Michele Lundgren, Mayra Rodriguez, Rose Rook, Marian Sheridan, Kenneth Thompson, and Kent Vanderwood.
Outside the courthouse, Republicans were gathered with signs backing the GOP electors. Some read “Stop Lawfare” while others asked pointedly, “Aren’t there REAL Crimes to Prosecute?”
