State prosecutions of fake electors from the 2020 election continue to advance through courtrooms in 2026, exposing the multi-state scheme orchestrated by Trump and his associates to overturn Biden’s victory through fraudulent elector certificates.
Story Snapshot
- Trump directed a coordinated plan across seven battleground states to create fake elector slates claiming he won states Biden actually carried
- Wisconsin judge ruled in December 2025 there is sufficient evidence for felony forgery charges against fake electors to proceed to trial
- Over 24 individuals face charges across multiple states including Arizona, Michigan, Georgia, and Nevada for their roles in signing false electoral certificates
- Federal charges against Trump were dismissed under DOJ policy after his 2024 election win, but state prosecutions continue unimpeded
The Coordinated Multi-State Strategy
Kenneth Chesebro drafted legal memos in late November 2020 outlining a strategy to create alternate slates of electors in seven battleground states. The plan established January 6, 2021, as a critical deadline to pressure Vice President Mike Pence into rejecting Biden’s legitimate electors during congressional certification. Trump began actively driving the fake elector plan by December 7-8, 2020, collaborating closely with Rudy Giuliani on implementation details. White House Chief of Staff Mark Meadows was informed the scheme had legal flaws, yet the operation proceeded with Trump’s direct involvement and coordination.
State-Level Prosecutions Advance
Arizona Attorney General indicted eleven fake electors in March 2024, including prominent Republican Kelli Ward, naming Trump as an unindicted co-conspirator. Michigan prosecutors charged sixteen individuals in July 2023, with some defendants reaching cooperation agreements with investigators. Wisconsin’s legal proceedings reached a milestone in December 2025 when a judge determined sufficient evidence exists for felony forgery charges to advance to trial. Georgia saw early guilty pleas from Chesebro in October 2023, though broader prosecutions in that state continue. Nevada and New Mexico present mixed outcomes, with New Mexico declining prosecution citing state law limitations.
Pattern of Election Denialism Since 2016
Trump’s fixation on election fraud claims predates 2020, tracing back to 2016 when he alleged Ted Cruz stole the Iowa caucus and claimed millions of illegal votes cost him the popular vote despite his Electoral College victory. He established a 2017 voter fraud commission that disbanded after finding no evidence of widespread fraud. By 2020, Trump escalated pre-election warnings, declaring “The only way we’re going to lose is if the election is rigged.” This pattern normalized baseless fraud allegations within the Republican Party, influencing figures like Ted Cruz who shifted from criticizing Trump in 2016 to objecting to certification on January 6, 2021.
Constitutional Concerns and Ongoing Threats
The January 6 Committee Report confirmed Trump was “driving” the fake elector plan by December 2020 despite knowing of its legal flaws through White House Counsel warnings. Legal experts testified that Chesebro’s memos directly conflicted with the Electoral Count Act but were pushed as constitutional workarounds. The scheme represents a direct assault on federalism and constitutional election processes, attempting to substitute fraudulent state certifications for legitimate ones. The Brennan Center warns that ongoing threats to election integrity persist through increased anti-voter litigation and purging efforts, with Trump allies like Kari Lake continuing to echo denialism narratives into 2024 and 2025. Heritage Foundation’s election fraud database shows isolated cases exist but provides no evidence supporting claims of systemic fraud that would justify overturning election results.
Sources:
Trump fake electors plot – Wikipedia
Congressional Analysis: Trump’s Election Denialism – Congress.gov
Trump Administration’s Campaign to Undermine the Next Election – Brennan Center
2024 Election Results Under Scrutiny as Lawsuit Advances – Northeastern University
The Recent Rise in Anti-Voter Litigation – League of Women Voters















