Why the Fake Electors Scheme Was Bad

The One-Sentence Version

After Trump lost the 2020 election, his team got 84 people in 7 states to sign fake documents claiming they were the real presidential electors — then sent those forgeries to Congress to try to steal the presidency.

Wait, What’s an Elector?

When you vote for president, you’re technically voting for a group of people called “electors” who then cast the official vote for your state. Each state gets a number of electors equal to its representatives in Congress. There are 538 total. You need 270 to win.

After the election, your state’s governor certifies the results and sends the official paperwork to Congress. On January 6, Congress counts the votes and confirms the winner.

The key point: only electors certified by the state’s governor are real. Nobody else gets to declare themselves an elector. That would be like declaring yourself a senator because you feel like it.

So What Did Trump’s Team Actually Do?

Here’s the step-by-step:

Step 1: Trump lost. Biden won 306 electoral votes to Trump’s 232. This wasn’t close. Biden won Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin — all states Trump needed.

Step 2: Trump’s lawyers came up with a plan. Attorney Kenneth Chesebro wrote a memo on November 18, 2020, laying out a scheme: get groups of Trump supporters in those 7 states to sign documents claiming they were the real electors — even though Biden won those states.

Step 3: 84 people signed fake certificates. On December 14, 2020 — the day the real Electoral College met — groups of Republicans in all 7 states gathered and signed counterfeit electoral certificates. These documents said things like: “We, the undersigned, being the duly elected and qualified electors for President and Vice President…”

They were not duly elected. They were not qualified. Biden won their states. They were signing forgeries.

Step 4: They sent the fake certificates to Congress. The forged documents were mailed to the Vice President (Pence), the National Archives, and state officials — the exact same places real electoral certificates go. They were designed to look identical to the real thing.

Step 5: The plan for January 6. The idea was for Vice President Pence to use the fake certificates as a pretext to either:

Option A: Throw out Biden’s real electors and count the fake ones instead (giving Trump the win), or
Option B: Refuse to count either set, which would throw the election to the House of Representatives, where Republicans controlled enough state delegations to pick Trump.

Step 6: Pence said no. He concluded he had no constitutional authority to do any of this. His role was to open and count the votes — not to decide which ones were real.

Step 7: January 6 happened. When Pence refused to go along with the plan, Trump publicly attacked him, and the Capitol was stormed. Congress ultimately certified Biden’s victory early on January 7.

Why Was This Illegal?

Let’s use an analogy. Imagine you lose an election for class president. So you:

Print a fake certificate saying you actually won
Forge the principal’s signature
Submit it to the school board
Try to get the vice principal to announce you as the winner instead

That’s fraud. That’s forgery. That’s what happened — except instead of a school election, it was the presidency of the United States.

The Specific Crimes

Forgery: Creating documents that falsely claimed the signers were official government electors. In five of the seven states, the certificates had no caveats — they flat-out said these people were “duly elected and qualified.” They weren’t.
Filing false instruments: Sending forged government documents to Congress and the National Archives.
Conspiracy to defraud the United States: A coordinated, multi-state plan to obstruct the lawful transfer of power.
Impersonating public officers: In Georgia, three fake electors were charged with impersonating presidential electors — which is a constitutionally established government position.

Who Was Behind It?

The Architects

Kenneth Chesebro — The lawyer who designed the scheme. Wrote the memos, edited the fake certificates, coordinated across states. Pleaded guilty in Georgia to conspiracy to commit filing false documents. Got 5 years probation.
John Eastman — Wrote the memos arguing Pence could reject legitimate electors. Recommended for disbarment in California and barred from practicing law. A federal judge found his memo “knowingly violated the Electoral Count Act.”
Rudy Giuliani — Trump’s personal lawyer who pressured state officials and coordinated with fake electors. Disbarred in New York and Washington, D.C.

The Operatives

Mike Roman — Trump’s Director of Election Day Operations. Coordinated the fake elector effort across all seven states. Facing trial in Wisconsin.
Mark Meadows — White House Chief of Staff. Received texts about the scheme starting November 4, 2020. Pardoned by Trump.

The 84 Fake Electors

Across all seven states: 84 people signed the fraudulent certificates. They included local Republican Party leaders, sitting officeholders, candidates for office, and former state and federal officials.

Where It Happened

State	Biden’s Margin	Fake Certificate Language	Charges Filed?	Result
Arizona	+10,457	Unconditional — claimed to be “duly elected”	Yes (18 defendants)	Pending appeal
Georgia	+11,779	Unconditional	Yes (19 defendants, RICO)	All charges dropped Nov 2025
Michigan	+154,188	Unconditional	Yes (16 defendants)	Dismissed Sep 2025
Nevada	+33,596	Unconditional	Yes (6 defendants)	Active as of Feb 2026
Wisconsin	+20,682	Unconditional	Yes (3 organizers)	Headed to trial
Pennsylvania	+80,555	Conditional*	No	—
New Mexico	+99,720	Conditional*	No	—

*Pennsylvania and New Mexico’s certificates included language saying they’d only apply if legal challenges succeeded. This is a key legal distinction — and notably, those are the two states where no charges were filed.

”But What About Hawaii in 1960?”

This is the most common defense, so let’s address it directly.

In 1960, the presidential race in Hawaii was incredibly close — just 141 votes. A court-ordered recount was actively underway on the day electors met. Because the outcome was genuinely uncertain, both parties sent elector slates as a precaution. Kennedy ultimately won the recount, and his electors were counted.

How 2020 was different:

In 1960, the race was separated by 141 votes. In 2020, Biden won these states by margins of 10,000 to 154,000 votes.
In 1960, a court had ordered a recount. In 2020, over 60 lawsuits challenging the results had been filed and lost. Every state had certified its results.
In 1960, there was genuine legal uncertainty. In 2020, there was none.
In 1960, the governor supported the recount slate. In 2020, no governor in any state issued a competing certificate.

Calling the 2020 fake electors “contingent” or “alternative” is like calling a bank robber an “alternative withdrawal specialist.”

What Would Have Happened If It Worked?

This is the part that should scare you regardless of your politics.

If Pence had gone along with Option A:

Trump would have had 316 electoral votes (his real 232 plus the 84 fake ones) to Biden’s 222 (his real 306 minus the 84 that were thrown out). Trump would have been declared the winner despite losing the election by over 7 million popular votes. The will of the voters in 7 states would have been erased by forged documents.

If Pence had gone along with Option B:

Neither candidate would have reached 270, and the election would have gone to the House. Republicans controlled 26 of 50 state delegations, so Trump would have won.

The precedent it would have set:

The party controlling the Vice President could unilaterally decide the winner of every presidential election
State-certified election results would be meaningless
Any future losing candidate could attempt the same thing
The peaceful transfer of power — unbroken since 1797 — would have ended

This isn’t a Republican vs. Democrat issue. If a Democratic VP had done this to a Republican winner, it would have been equally criminal and equally dangerous.

What Happened to Everyone?

The Guilty Pleas (Still on Record)

Four people pleaded guilty in Georgia before the case collapsed:

Scott Hall — Bail bondsman. 5 misdemeanor counts. 5 years probation, $5,000 fine.
Sidney Powell — Attorney. 6 misdemeanors. 6 years probation, apology letter to Georgia.
Kenneth Chesebro — Architect of the scheme. 1 felony. 5 years probation.
Jenna Ellis — Attorney. 1 felony. 5 years probation, apology letter.

These guilty pleas stand. These people admitted to their roles in court, under oath. The broader case being dropped doesn’t change that.

The Pardons

In November 2025, Trump pardoned 77 people associated with the scheme. But these were federal pardons — and all the remaining cases are state cases. A president can’t pardon state crimes. The pardons were largely symbolic.

The Disbarments (Still in Effect)

Giuliani: disbarred in New York and D.C.
Eastman: recommended for disbarment in California and barred from practicing law (final California Supreme Court order pending)
Ellis: license suspended in Colorado

Trump can pardon federal crimes. He can’t give anyone their law license back.

Cases Still Active

Wisconsin: Most likely to reach trial. Three organizers charged with forgery conspiracy.
Nevada: Active as of February 2026. Six fake electors.
Arizona: AG appealing to state Supreme Court. 18 defendants.

Why Didn’t Trump Get in Trouble?

This is the question everyone asks, and the answer is frustrating but important to understand.

He was charged — twice

Federal charges: Special Counsel Jack Smith indicted Trump in August 2023 on four federal counts, including conspiracy to defraud the United States and obstruction of an official proceeding. The fake elector scheme was a central part of the case. Smith’s office stated that “the evidence was sufficient to obtain a conviction at trial.”

Georgia charges: Fulton County DA Fani Willis indicted Trump and 18 co-defendants in August 2023 under Georgia’s RICO (racketeering) law — the same kind of law used to prosecute organized crime.

So what happened?

The federal case: There’s a longstanding DOJ policy that a sitting president cannot be indicted or prosecuted. When Trump won the 2024 election, Smith dropped the charges in November 2024 — not because the evidence was weak, but because the policy says you can’t prosecute a sitting president. Smith’s final report made clear the evidence was there. The voters made accountability impossible by electing him.

The Georgia case: DA Willis was disqualified in December 2024 due to a romantic relationship with special prosecutor Nathan Wade. The replacement prosecutor, Pete Skandalakis, dropped all charges against all 19 defendants in November 2025. The case didn’t fail on the evidence — it failed on prosecutorial misconduct and politics.

The bottom line

Trump wasn’t exonerated. He wasn’t found not guilty. He wasn’t cleared by the evidence. The federal case was dropped because of a policy about sitting presidents. The Georgia case was dropped because the DA had an ethics problem. Neither outcome had anything to do with whether Trump actually did it.

Four of his co-defendants pleaded guilty and admitted their roles. Two of his lawyers were disbarred — meaning the bar associations found their conduct so egregious that they can never practice law again. The architect of the scheme, Kenneth Chesebro, confessed in court.

The reason Trump didn’t face consequences is not that what he did was legal. It’s that the legal system has built-in protections for sitting presidents, and the one state case that could have reached him was torpedoed by the prosecutor’s personal life.

It’s worth sitting with that for a moment: the strongest protection Trump had was not his innocence. It was winning the next election before the trial could happen.

”But Didn’t Other Candidates Do This Too?”

No. This claim comes up constantly, so let’s go through every modern contested election and see what actually happened.

Al Gore, 2000 (Bush v. Gore)

Gore lost Florida by 537 votes. He requested a recount — which is a legal right under Florida law. The case went to the Supreme Court, which stopped the recount in Bush v. Gore.

What Gore did: Used the legal process. Filed lawsuits. Requested recounts. When the Supreme Court ruled against him, he conceded.

What Gore did NOT do: He did not create fake elector slates. He did not ask the VP to reject electoral votes. He did not pressure state officials to “find” votes. He did not encourage a mob to storm the Capitol. He conceded on December 13, 2000, saying: “While I strongly disagree with the court’s decision, I accept it.”

Hillary Clinton, 2016

Clinton lost the Electoral College 304-227 despite winning the popular vote by nearly 3 million.

What Clinton did: She conceded on election night. She called Trump to congratulate him. She attended his inauguration. Some Democratic members of Congress objected to electoral votes on January 6, 2017 — but no senator joined the objections, so every single one was dismissed within minutes under the Electoral Count Act. Biden, as VP, overruled each objection.

What Clinton did NOT do: She did not create fake elector slates. She did not ask Biden to reject electoral votes. She did not file 60+ baseless lawsuits. She did not call state officials demanding they “find” votes. She called the outcome “painful” and told her supporters: “We owe him an open mind and the chance to lead.”

John Kerry, 2004

Kerry lost Ohio by about 118,000 votes. Some Democrats raised concerns about voting irregularities.

What Kerry did: He conceded the day after the election. One House member and one senator filed a formal objection to Ohio’s electoral votes on January 6, 2005. Both chambers voted on it — the objection was rejected 267-31 in the House and 74-1 in the Senate. The process worked exactly as designed.

What Kerry did NOT do: No fake electors. No pressure on the VP. No attempt to overturn the result.

Richard Nixon, 1960

Nixon lost to Kennedy in one of the closest elections in history. He lost Illinois by about 9,000 votes and Texas by about 46,000. There were credible allegations of voter fraud in both states (Chicago in particular).

What Nixon did: He declined to challenge the results. As sitting VP, he presided over the January 6 count and personally certified Kennedy’s victory — including the Hawaii electors that had been contested. He later wrote: “I could think of no worse example for nations abroad, who for the first time were trying to put free electoral procedures into effect, than that of the United States wrangling over the results.”

What Nixon did NOT do: Despite having arguably stronger grounds for a challenge than Trump did in 2020, Nixon did not create fake electors, file baseless lawsuits, pressure state officials, ask the VP to reject votes, or encourage violence.

The Pattern

Year	Loser	Popular Vote Gap	What They Did	Fake Electors?	Capitol Attack?
1960	Nixon	~112,000	Certified Kennedy’s win himself	No	No
2000	Gore	Won by 543,895	Legal recount, conceded after SCOTUS	No	No
2004	Kerry	Lost by 3M	Conceded next day	No	No
2016	Clinton	Won by 2.9M	Conceded election night, attended inauguration	No	No
2020	Trump	Lost by 7M	84 fake electors, 60+ lawsuits, pressured state officials, asked VP to reject votes, incited Capitol attack	Yes	Yes

Every losing candidate in modern history — including ones who had better reasons to challenge the results — accepted the outcome and supported the peaceful transfer of power. What Trump did has no precedent. Not “both sides do it.” Not “this is just politics.” Not “everyone contests elections.”

No one has ever done this before. The reason people say “everyone does it” is because Trump told them so.

Why This Still Matters

Congress recognized how dangerous the scheme was and passed the Electoral Count Reform Act of 2022, which:

Made explicit that the VP’s role on January 6 is “solely ministerial” — no discretion, no choosing
Raised the bar for congressional objections from 1 member to one-fifth of each chamber
Confirmed that only governors can certify electoral results

That law exists because of what happened. The loophole the fake electors tried to exploit has been closed. But the fact that 84 people were willing to sign forged documents to overturn an election — and that most of them faced no consequences — tells you something about where we are.

Four people pleaded guilty. Two lawyers were disbarred. Everyone else walked away. And the man who directed the scheme is president again.