Nevada judge dismisses fake electors case against six Republicans for second time

Clark County District Court Judge Mary Kay Holthus has dismissed Nevada's criminal forgery case against six Republican operatives, including state GOP Chair Michael McDonald, for a second time. The judge ruled that the state's forgery laws did not apply to the defendants' open, broadcasted signing of a fraudulent 2020 electoral certificate, and scolded prosecutors for withholding exculpatory evidence. Nevada Attorney General Aaron Ford vowed to appeal the decision to the state Supreme Court.

Nevada fake electors case dismissal

• ▪Clark County District Court Judge Mary Kay Holthus dismissed Nevada's criminal case against six Republican operatives accused of submitting a fraudulent 2020 electoral certificate on August 13, 2026.
• ▪The six Nevada defendants indicted in 2023 were Michael McDonald, Jim DeGraffenreid, Jesse Law, Jim Hindle III, Shawn Meehan, and Eileen Rice.
• ▪The six Nevada defendants were charged with offering a false instrument for filing and uttering a forged instrument, which carried a maximum sentence of four to five years in prison.
• ▪Judge Mary Kay Holthus ruled that prosecutors independently undermined the integrity of the indictment by withholding potentially exculpatory evidence from the grand jury.

Forgery statute intent requirement

• ▪Judge Mary Kay Holthus ruled that the defendants' open, broadcasted ceremony on December 14, 2020, weighed against a reasonable inference that they acted with fraudulent intent.
• ▪The defense argued that signing the certificate was an act of political theater to preserve rights to challenge the 2020 election, rather than an attempt to deceive government agencies.
• ▪Judge Mary Kay Holthus found that the Republican certificate could not be legally accepted, filed, registered, or recorded, meaning it was not protected under the state's forgery statute.

State-level fake elector prosecutions

• ▪Arizona Attorney General Kris Mayes dismissed her office's criminal case in June 2026 as a legal maneuver to restart the grand jury process after losing an appeal.
• ▪President Donald Trump issued federal pardons to the six Nevada defendants in November 2025, which did not shield them from Nevada's state-level forgery charges.
• ▪Four of the five state-level fake elector prosecutions—in Nevada, Arizona, Michigan, and Georgia—have collapsed, leaving Wisconsin as the only active prosecution.
• ▪In Wisconsin, Kenneth Chesebro, Jim Troupis, and Mike Roman were arraigned in June 2026 on eleven felony forgery counts each in Dane County Circuit Court.

Governor veto of legislative fix

• ▪Nevada Governor Joe Lombardo vetoed Senate Bill 133 in 2023, which would have criminalized signing fake Electoral College certificates with a penalty of four to ten years in prison.
• ▪Nevada Governor Joe Lombardo vetoed Senate Bill 102 in 2025, citing First Amendment and due process concerns after the legislature lowered the proposed penalties.

Attorney General appeal plans

• ▪Nevada Attorney General Aaron Ford announced that his office will appeal Judge Mary Kay Holthus's dismissal of the fake electors case to the Nevada Supreme Court.
• ▪Defense attorney Richard Wright, representing Michael McDonald, called Attorney General Aaron Ford's planned appeal hasty, premature, and politically motivated.
• ▪The Nevada Supreme Court previously reversed a June 2024 venue-based dismissal of the case by Judge Mary Kay Holthus in November 2025.

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