News Roundup: Real Consequences for Fake Electors

Four years ago next week, Trump supporters posing as electors in seven swing states signed and submitted false certificates claiming that the former president had actually won their state. In recent days, many of those fake electors have faced new charges for their efforts to thwart the will of voters and keep Trump in power. 

In a legal settlement on Wednesday, the 10 fake electors from Wisconsin formally acknowledged that Joe Biden had won the state and agreed not to serve as presidential electors in 2024 or in any future election in which Trump is on the ballot. 

• The civil settlement was reached in a lawsuit filed last year by two of Wisconsin’s valid electors against the state’s fake electors, alleging that the pro-Trump electors had conspired to defraud voters.

In Nevada, a grand jury on Wednesday indicted the state’s six fake electors. Among them are the chairman and vice president of the Nevada Republican Party, as well as several other high-ranking Republican state officials. Nevada is the third state to press charges against fake electors. 

• In July, Michigan’s attorney general charged the state’s 16 fake electors with multiple felonies, including forgery and conspiracy to commit election forgery. 
• The district attorney in Georgia’s Fulton County has also filed charges against some of the state’s fake electors as part of the county’s larger election interference case. Several other of Georgia’s fake electors were granted immunity in the Fulton County district attorney’s investigation.

On Friday, CNN reported that Kenneth Chesebro — the Trump attorney who had pleaded guilty in the Georgia case for his role in devising the fake electors scheme — is now cooperating with investigators in Wisconsin and Michigan “in hopes of avoiding more criminal charges.”

• Chesebro, who authored memos about the fake electors scheme, was one of six unindicted co-conspirators mentioned in the federal indictment of Trump.
• Last week, the Washington Post reported that Chesebro was planning to meet with investigators in Arizona and Nevada. Chesebro is listed as a witness on this week’s Nevada indictment.
• Chesebro’s cooperation in Wisconsin was a potential indication that the state’s attorney general is investigating the fake electors scheme as well.
• According to the Washington Post, Arizona Attorney General Kris Mayes is scheduled to meet with Chesebro on Monday as part of an investigation in that state.

American Oversight first obtained copies of the fraudulent electoral certificates — from Arizona, Georgia, Michigan, New Mexico, Nevada, Pennsylvania, and Wisconsin — in March 2021. More recently, we obtained emails from early 2021 showing the National Archives and Records Administration alerted officials in several states that the fake certificates had been submitted.

Wisconsin Open Meetings Lawsuit
Last week, a Wisconsin judge granted Wisconsin Assembly Speaker Robin Vos’ motion to dismiss the open meetings portion of our lawsuit against Vos and his panel of former state Supreme Court justices — but our public records claims will continue.

• In dismissing the claims, the judge concluded that, because the statute provides a 20-day period for the district attorney to act, the court lacked competence to hear our claims. He also found, based on the allegations outlined in our complaint, that the panel would have “plainly violated the open meetings law.”
• “Importantly, our public records suit will continue and we will fight to ensure that the public has a complete understanding of Vos’ impeachment efforts,” said American Oversight’s Executive Director Heather Sawyer. “As to the open meetings claims, we appreciate Judge Remington’s careful consideration of the issues and will be considering all of our options.”  

On the Records

EagleAI in Georgia
Last week, Columbia County in Georgia agreed to use software called EagleAI that is being pushed by election deniers as an alternative to the Electronic Registration Center, a nonprofit organization that helps states clean up their voter rolls.

• The New York Times reported on the agreement, citing records obtained by American Oversight and Documented that show Georgia state officials’ concerns about EagleAI’s security and effectiveness.
• Voting rights experts have warned that software like EagleAI could be used to challenge valid voter registrations — an issue that has already been playing out in Georgia and other states.

Other Stories We’re Following

Election Denial and Voting Rights

• A deluge of violent messages: How a surge in threats to public officials could disrupt American democracy (CNN)
• Tax cuts, teacher pension increases at stake after misinformation-led challenge to 2023 election (Votebeat Texas)
• In face of threats, election workers vow: ‘You are not disrupting the democratic process’ (Stateline)
• Eligible voters are being swept up in conservative activists’ efforts to purge voter rolls (CBS News)
• Voting rights groups push for answers from Mississippi election officials about ballot shortages (Associated Press)
• Restoring voting rights after a felony is rare in Tennessee. This year, the process got harder. (Tennessee Lookout)

In the States

• GOP lawmakers propose abolishing Wisconsin Elections Commission, giving duties to secretary of state (Milwaukee Journal Sentinel)
• Wisconsin Republican leader opposes GOP bill to disband bipartisan elections commission (Associated Press)
• Members of Landry transition team operated illegal waste dump for years, lawsuits claim (News from the States)
• Conservative consulting group rebrands with new name after leader met with white supremacist Nick Fuentes (Texas Tribune)
• A report rips Disney for freebies to its local board. It omits gifts to top Florida politicians. (NBC News)
• Police trainers used sexist language and glorified violence, videos show (New York Times)FDLE fires employee who sought whistleblower protection amid dispute over DeSantis records (Tallahassee Democrat)

LGBTQ Rights

• Emails reveal how a hospital bowed to political pressure to stop treating trans teens (ProPublica)
• Privacy concerns persist in transgender sports case after Utah judge seals only some health records (Associated Press)
• How conflicting Missouri and federal laws on gender-affirming care put ‘hospitals in a bind’ (KCUR Kansas City)
• Wash U alleges Missouri AG illegally sought patient records from transgender center (Missouri Independent)
• Gov. Evers vetoes Wisconsin bill banning gender-affirming care for kids (CBS News)

Abortion and Reproductive Rights

• West Virginia places anti-abortion pregnancy center coalition at the helm of $1M grant program (Associated Press)
• New Hampshire Republicans propose ’15-day’ abortion ban (NBC News)
• Wisconsin judge reaffirms July ruling that state law permits consensual abortions (Associated Press)
• In victory for abortion rights, Dane County judge rules 19th century law does not ban abortions in Wisconsin (Wisconsin Public Radio)
• Post-Roe, nearly 1 in 5 people seeking an abortion traveled out of state, analysis finds (CNN)
• A Texas judge grants a pregnant woman permission to get an abortion despite the state’s ban (Associated Press)
• Court pauses federal policy allowing abortion clinic operators to get grants — but only in Ohio (Associated Press)
• Indiana attorneys debate overreach, obligation to ‘protect unborn’ in latest abortion ban hearing (Indiana Capital Chronicle)

Threats to Education

• In final AP African American studies curriculum, some topics DeSantis blasted are gone (Miami Herald)
• AP African American studies adds lesson on sports and racial justice (Washington Post)
• Arkansas educators examine revised AP African American Studies curriculum (Arkansas Advocate)
• First organizations are certified to provide private scholarships to Nebraska K-12 students (Nebraska Examiner)
• ‘Parents’ Bill of Rights’ on curriculum content introduced in the Ohio Senate (Ohio Capital Journal)
• Republican leaders of Wisconsin Legislature at odds over withholding university pay raises (Associated Press)
• Group calls for Ryan Walters to resign over video on prayer at Prague Elementary (Oklahoman)
• Prosecuting teachers and librarians for ‘obscene’ books sought in bill (Wisconsin Examiner)

Government Transparency and Public Records Law

• Defying presidents and Congress, the ATF, DEA, FBI and U.S. Marshals shroud their shootings in secrecy (NBC News)
• Citizen-initiated government transparency act proposal submitted to Arkansas Attorney General (Arkansas Advocate)

Immigration

• Whistleblower alleges failures in medical care at US border facilities (Washington Post)
• Texas’ illegal entry law will test states’ powers on immigration, border enforcement (NPR)
• Federal judge poised to prohibit separating migrant families at US border for 8 years (Associated Press)

Trump Accountability

• Prosecutors intend to show long pattern of threats and baseless claims by Trump (New York Times)
• Trump pardoned them. Now they’re helping him return to power. (Washington Post)
• Trump declines to rule out abusing power to seek retribution if he returns to the White House (Associated Press)

Jan. 6 Investigations

• Special counsel alleges Trump ‘sent’ supporters on path to Jan. 6 violence (Washington Post)
• Defending his 2020 fraud claims, Trump turns to fringe Jan. 6 theories (Washington Post)
• Special counsel to use Trump’s continued embrace of January 6 rioters against him at trial (CNN)
• Trump appeals ruling denying his immunity claims in his federal election interference case (NBC News)